SECTION 1. _Be it enacted by the Senate and House of Representatives

THE HISTORY OF

THE STANDARD OIL COMPANY

[Illustration:

_Copyright, 1904, by Ames_

JOHN DAVISON ROCKEFELLER IN 1904

Born July 8, 1839

]

THE HISTORY OF

THE STANDARD OIL COMPANY

BY

IDA M. TARBELL

AUTHOR OF THE LIFE OF ABRAHAM LINCOLN, THE LIFE OF NAPOLEON BONAPARTE,

AND MADAME ROLAND: A BIOGRAPHICAL STUDY

ILLUSTRATED WITH PORTRAITS, PICTURES AND DIAGRAMS

[Illustration]

VOLUME ONE

NEW YORK

McCLURE, PHILLIPS & CO.

MCMV

_Copyright, 1904, by_

McCLURE, PHILLIPS & CO.

Published, November, 1904

SECOND IMPRESSION

Copyright, 1902, 1903, 1904, by The S. S. McClure Co.

“_An Institution is the lengthened shadow of one man._”

EMERSON, IN ESSAY ON “SELF-RELIANCE.”

“_The American Beauty Rose can be produced in its splendor and fragrance

only by sacrificing the early buds which grow up around it._”

J. D. ROCKEFELLER, JR., IN AN ADDRESS ON TRUSTS,

TO THE STUDENTS OF BROWN UNIVERSITY.

PREFACE

This work is the outgrowth of an effort on the part of the editors of

McClure’s Magazine to deal concretely in their pages with the trust

question. In order that their readers might have a clear and succinct

notion of the processes by which a particular industry passes from the

control of the many to that of the few, they decided a few years ago to

publish a detailed narrative of the history of the growth of a

particular trust. The Standard Oil Trust was chosen for obvious reasons.

It was the first in the field, and it has furnished the methods, the

charter, and the traditions for its followers. It is the most perfectly

developed trust in existence; that is, it satisfies most nearly the

trust ideal of entire control of the commodity in which it deals. Its

vast profits have led its officers into various allied interests, such

as railroads, shipping, gas, copper, iron, steel, as well as into banks

and trust companies, and to the acquiring and solidifying of these

interests it has applied the methods used in building up the Oil Trust.

It has led in the struggle against legislation directed against

combinations. Its power in state and Federal government, in the press,

in the college, in the pulpit, is generally recognised. The perfection

of the organisation of the Standard, the ability and daring with which

it has carried out its projects, make it the pre-eminent trust of the

world—the one whose story is best fitted to illuminate the subject of

combinations of capital.

Another important consideration with the editors in deciding that the

Standard Oil Trust was the best adapted to illustrate their meaning, was

the fact that it is one of the very few business organisations of the

country whose growth could be traced in trustworthy documents. There is

in existence just such documentary material for a history of the

Standard Oil Company as there is for a history of the Civil War or the

French Revolution, or any other national episode which has divided men’s

minds. This has come about largely from the fact that almost constantly

since its organisation in 1870 the Standard Oil Company has been under

investigation by the Congress of the United States and by the

Legislatures of various states in which it has operated, on the

suspicion that it was receiving rebates from the railroads and was

practising methods in restraint of free trade. In 1872 and again in 1876

it was before Congressional committees, in 1879 it was before examiners

of the Commonwealth of Pennsylvania and before committees appointed by

the Legislatures of New York and of Ohio for investigating railroads.

Its operations figured constantly in the debate which led up to the

creation of the Interstate Commerce Commission in 1887, and again and

again since that time the Commission has been called upon to examine

directly or indirectly into its relation with the railroads.

In 1888, in the Investigation of Trusts conducted by Congress and by the

state of New York, the Standard Oil Company was the chief subject for

examination. In the state of Ohio, between 1882 and 1892, a constant

warfare was waged against the Standard in the courts and Legislature,

resulting in several volumes of testimony. The Legislatures of many

other states concerned themselves with it. This hostile legislation

compelled the trust to separate into its component parts in 1892, but

investigation did not cease; indeed, in the last great industrial

inquiry, conducted by the Commission appointed by President McKinley,

the Standard Oil Company was constantly under discussion, and hundreds

of pages of testimony on it appear in the nineteen volumes of reports

which the Commission has submitted.

This mass of testimony, all of it submitted under oath it should be

remembered, contains the different charters and agreements under which

the Standard Oil Trust has operated, many contracts and agreements with

railroads, with refineries, with pipe-lines, and it contains the

experiences in business from 1872 up to 1900 of multitudes of

individuals. These experiences have exactly the quality of the personal

reminiscences of actors in great events, with the additional value that

they were given on the witness stand, and it is fair, therefore, to

suppose that they are more cautious and exact in statements than many

writers of memoirs are. These investigations, covering as they do all of

the important steps in the development of the trust, include full

accounts of the point of view of its officers in regard to that

development, as well as their explanations of many of the operations

over which controversy has arisen. Hundreds of pages of sworn testimony

are found in these volumes from John D. Rockefeller, William

Rockefeller, Henry M. Flagler, H. H. Rogers, John D. Archbold, Daniel

O’Day and other members of the concern.

Aside from the great mass of sworn testimony accessible to the student

there is a large pamphlet literature dealing with different phases of

the subject, and there are files of the numerous daily newspapers and

monthly reviews, supported by the Oil Regions, in the columns of which

are to be found not only statistics but full reports of all

controversies between oil men. No complete collection of this voluminous

printed material has ever been made, but several small collections

exist, and in one or another of these I have been able to find

practically all of the important documents relating to the subject. Mrs.

Roger Sherman of Titusville, Pennsylvania, owns the largest of these

collections, and in it are to be found copies of the rarest pamphlets.

Lewis Emery, Jr., of Bradford, the late E. G. Patterson of Titusville,

the late Henry D. Lloyd, author of “Wealth _vs._ Commonwealth,” William

Hasson of Oil City, and P. C. Boyle, the editor of the Oil City Derrick,

have collections of value, and they have all been most generous in

giving me access to their books.

But the documentary sources of this work are by no means all printed.

The Standard Oil Trust and its constituent companies have figured in

many civil suits, the testimony of which is still in manuscript in the

files of the courts where the suits were tried. These manuscripts have

been examined on the ground, and in numerous instances full copies of

affidavits and of important testimony have been made for permanent

reference and study. I have also had access to many files of private

correspondence and papers, the most important being that of the officers

and counsel of the Petroleum Producers’ Union from 1878 to 1880, that

covering the organisation from 1887 to 1895 of the various independent

companies which resulted in the Pure Oil Company, and that containing

the material prepared by Roger Sherman for the suit brought in 1897 by

the United States Pipe Line against certain of the Standard companies

under the Sherman anti-trust law.

As many of the persons who have been active in the development of the

oil industry are still living, their help has been freely sought. Scores

of persons in each of the great oil centres have been interviewed, and

the comprehension and interpretation of the documents on which the work

is based have been materially aided by the explanations which the actors

in the events under consideration were able to give.

When the work was first announced in the fall of 1901, the Standard Oil

Company, or perhaps I should say officers of the company, courteously

offered to give me all the assistance in their power, an offer of which

I have freely taken advantage. In accepting assistance from Standard men

as from independents I distinctly stated that I wanted facts, and that I

reserved the right to use them according to my own judgment of their

meaning, that my object was to learn more perfectly what was actually

done—not to learn what my informants thought of what had been done. It

is perhaps not too much to say that there is not a single important

episode in the history of the Standard Oil Company, so far as I know it,

or a notable step in its growth, which I have not discussed more or less

fully with officers of the company.

It is needless to add that the conclusions expressed in this work are my

own.

I. M. T.

CONTENTS

PREFACE Pages vii–xi

CHAPTER ONE

THE BIRTH OF AN INDUSTRY

PETROLEUM FIRST A CURIOSITY AND THEN A

MEDICINE—DISCOVERY OF ITS REAL VALUE—THE STORY OF HOW

IT CAME TO BE PRODUCED IN LARGE QUANTITIES—GREAT FLOW

OF OIL—SWARM OF PROBLEMS TO SOLVE—STORAGE AND

TRANSPORTATION—REFINING AND MARKETING—RAPID EXTENSION

OF THE FIELD OF OPERATION—WORKERS IN GREAT NUMBERS

WITH PLENTY OF CAPITAL—COSTLY BLUNDERS FREQUENTLY

MADE—BUT EVERY DIFFICULTY BEING MET AND OVERCOME—THE

NORMAL UNFOLDING OF A NEW AND WONDERFUL OPPORTUNITY

FOR INDIVIDUAL ENDEAVOUR. Pages 1003–1037

CHAPTER TWO

THE RISE OF THE STANDARD OIL COMPANY

JOHN D. ROCKEFELLER’S FIRST CONNECTION WITH THE OIL

BUSINESS—STORIES OF HIS EARLY LIFE IN CLEVELAND—HIS

FIRST PARTNERS—ORGANISATION OF THE STANDARD OIL

COMPANY IN JUNE, 1870—ROCKEFELLER’S ABLE

ASSOCIATES—FIRST EVIDENCE OF RAILWAY DISCRIMINATIONS

IN THE OIL BUSINESS—REBATES FOUND TO BE GENERALLY

GIVEN TO LARGE SHIPPERS—FIRST PLAN FOR A SECRET

COMBINATION—THE SOUTH IMPROVEMENT COMPANY—SECRET

CONTRACTS MADE WITH THE RAILROADS PROVIDING REBATES

AND DRAWBACKS—ROCKEFELLER AND ASSOCIATES FORCE

CLEVELAND REFINERS TO JOIN THE NEW COMBINATION OR

SELL—RUMOUR OF THE PLAN REACHES THE OIL REGIONS. Pages 1038–1069

CHAPTER THREE

THE OIL WAR OF 1872

RISING IN THE OIL REGIONS AGAINST THE SOUTH IMPROVEMENT

COMPANY—PETROLEUM PRODUCERS’ UNION ORGANISED—OIL

BLOCKADE AGAINST MEMBERS OF SOUTH IMPROVEMENT COMPANY

AND AGAINST RAILROADS IMPLICATED—CONGRESSIONAL

INVESTIGATION OF 1872 AND THE DOCUMENTS IT

REVEALED—PUBLIC DISCUSSION AND GENERAL CONDEMNATION

OF THE SOUTH IMPROVEMENT COMPANY—RAILROAD OFFICIALS

CONFER WITH COMMITTEE FROM PETROLEUM PRODUCERS’

UNION—WATSON AND ROCKEFELLER REFUSED ADMITTANCE TO

CONFERENCE—RAILROADS REVOKE CONTRACTS WITH SOUTH

IMPROVEMENT COMPANY AND MAKE CONTRACT WITH PETROLEUM

PRODUCERS’ UNION—BLOCKADE AGAINST SOUTH IMPROVEMENT

COMPANY LIFTED—OIL WAR OFFICIALLY ENDED—ROCKEFELLER

CONTINUES TO GET REBATES—HIS GREAT PLAN STILL A

LIVING PURPOSE. Pages 1070–1103

CHAPTER FOUR

“AN UNHOLY ALLIANCE”

ROCKEFELLER AND HIS PARTY NOW PROPOSE AN OPEN INSTEAD

OF A SECRET COMBINATION—“THE PITTSBURG PLAN”—THE

SCHEME IS NOT APPROVED BY THE OIL REGIONS BECAUSE ITS

CHIEF STRENGTH IS THE REBATE—ROCKEFELLER NOT

DISCOURAGED—THREE MONTHS LATER BECOMES PRESIDENT OF

NATIONAL REFINERS’ ASSOCIATION—FOUR-FIFTHS OF

REFINING INTEREST OF UNITED STATES WITH HIM—OIL

REGIONS AROUSED—PRODUCERS’ UNION ORDER DRILLING

STOPPED AND A THIRTY DAY SHUT-DOWN TO COUNTERACT

FALLING PRICE OF CRUDE—PETROLEUM PRODUCERS’ AGENCY

FORMED TO ENABLE PRODUCERS TO CONTROL THEIR OWN

OIL—ROCKEFELLER OUTGENERALS HIS OPPONENTS AND FORCES

A COMBINATION OF REFINERS AND PRODUCERS—PRODUCERS’

ASSOCIATION AND PRODUCERS’ AGENCY SNUFFED

OUT—NATIONAL REFINERS’ ASSOCIATION

DISBANDS—ROCKEFELLER STEADILY GAINING GROUND. Pages 1104–1128

CHAPTER FIVE

LAYING THE FOUNDATIONS OF A TRUST

EVIDENCE OF REAPPEARANCE OF REBATES SOON AFTER

AGREEMENT OF MARCH 25 IS SIGNED—PRINCIPLE THOROUGHLY

ESTABLISHED THAT LARGE SHIPPERS SHALL HAVE ADVANTAGES

OVER SMALL SHIPPERS IN SPITE OF RAILROADS’ DUTY AS

COMMON CARRIERS—AGREEMENT WORKED OUT BY WHICH THREE

ROADS ARE TO HAVE FIXED PERCENTAGE OF EASTERN

SHIPMENTS—OIL REGIONS ROBBED OF THEIR GEOGRAPHICAL

ADVANTAGE—THE RUTTER CIRCULAR—ROCKEFELLER NOW

SECRETLY PLANS REALISATION OF HIS DREAM OF PERSONAL

CONTROL OF THE REFINING OF OIL—ORGANISATION OF THE

CENTRAL ASSOCIATION—H. H. ROGERS’ DEFENCE OF THE

PLAN—ROCKEFELLER’S QUIET AND SUCCESSFUL CANVASS FOR

ALLIANCES WITH REFINERS—THE REBATE HIS

WEAPON—CONSOLIDATION BY PERSUASION OR FORCE—MORE TALK

OF A UNITED EFFORT TO COUNTERACT THE MOVEMENT. Pages 1129–1166

CHAPTER SIX

STRENGTHENING THE FOUNDATIONS

FIRST INTERSTATE COMMERCE BILL—THE BILL PIGEON-HOLED

THROUGH EFFORTS OF STANDARD’S FRIENDS—INDEPENDENTS

SEEK RELIEF BY PROPOSED CONSTRUCTION OF

PIPE-LINES—PLANS FOR THE FIRST SEABOARD

PIPE-LINE—SCHEME FAILS ON ACCOUNT OF MISMANAGEMENT

AND STANDARD AND RAILROAD OPPOSITION—DEVELOPMENT OF

THE EMPIRE TRANSPORTATION COMPANY AND ITS PROPOSED

CONNECTION WITH THE REFINING BUSINESS—STANDARD, ERIE

AND CENTRAL FIGHT THE EMPIRE TRANSPORTATION COMPANY

AND ITS BACKER, THE PENNSYLVANIA RAILROAD—THE

PENNSYLVANIA FINALLY QUITS AFTER A BITTER AND COSTLY

WAR—EMPIRE LINE SOLD TO THE STANDARD—ENTIRE PIPE-LINE

SYSTEM OF OIL REGIONS NOW IN ROCKEFELLER’S HANDS—NEW

RAILROAD POOL BETWEEN FOUR ROADS—ROCKEFELLER PUTS

INTO OPERATION SYSTEM OF DRAWBACKS ON OTHER PEOPLE’S

SHIPMENTS—HE PROCEEDS RAPIDLY WITH THE WORK OF

ABSORBING RIVALS. Pages 1167–1207

CHAPTER SEVEN

THE CRISIS OF 1878

A RISE IN OIL—A BLOCKADE IN EXPORTS—PRODUCERS DO NOT

GET THEIR SHARE OF THE PROFITS—THEY SECRETLY ORGANISE

THE PETROLEUM PRODUCERS’ UNION AND PROMISE TO SUPPORT

PROPOSED INDEPENDENT PIPE-LINES—ANOTHER INTERSTATE

COMMERCE BILL DEFEATED AT WASHINGTON—“IMMEDIATE

SHIPMENT”—INDEPENDENTS HAVE TROUBLE GETTING

CARS—RIOTS THREATENED—APPEAL TO GOVERNOR

HARTRANFT—SUITS BROUGHT AGAINST UNITED PIPE-LINES,

PENNSYLVANIA RAILROAD AND OTHERS—INVESTIGATIONS

PRECIPITATED IN OTHER STATES—THE HEPBURN COMMISSION

AND THE OHIO INVESTIGATION—EVIDENCE THAT THE STANDARD

IS A CONTINUATION OF THE SOUTH IMPROVEMENT

COMPANY—PRODUCERS FINALLY DECIDE TO PROCEED AGAINST

STANDARD OFFICIALS—ROCKEFELLER AND EIGHT OF HIS

ASSOCIATES INDICTED FOR CONSPIRACY. Pages 1208–1240

CHAPTER EIGHT

THE COMPROMISE OF 1880

THE PRODUCERS’ SUIT AGAINST ROCKEFELLER AND HIS

ASSOCIATES USED BY THE STANDARD TO PROTECT

ITSELF—SUITS AGAINST THE TRANSPORTATION COMPANIES ARE

DELAYED—TRIAL OF ROCKEFELLER AND HIS ASSOCIATES FOR

CONSPIRACY POSTPONED—ALL OF THE SUITS WITHDRAWN IN

RETURN FOR AGREEMENTS OF THE STANDARD AND THE

PENNSYLVANIA TO CEASE THEIR PRACTICES AGAINST THE

PRODUCERS—WITH THIS COMPROMISE THE SECOND PETROLEUM

PRODUCERS’ UNION COMES TO AN END—PRODUCERS THEMSELVES

TO BLAME FOR NOT STANDING BEHIND THEIR

LEADERS—STANDARD AGAIN ENFORCES ORDERS OBJECTIONABLE

TO PRODUCERS—MORE OUTBREAKS IN THE OIL

REGIONS—ROCKEFELLER HAVING SILENCED ORGANISED

OPPOSITION PROCEEDS TO SILENCE INDIVIDUAL COMPLAINT. Pages 1241–1262

APPENDIX. Pages 1263–1406

LIST OF ILLUSTRATIONS

PORTRAIT OF JOHN DAVISON ROCKEFELLER IN 1904 _Frontispiece 1_

Born July 8, 1839.

FACING PAGE

PORTRAIT OF E. L. DRAKE 1008

In 1859 Drake drilled near Titusville,

Pennsylvania, the first artesian well put down

for petroleum. He is popularly said to have

“discovered oil.”

THE DRAKE WELL IN 1859—THE FIRST OIL WELL 1010

FAC-SIMILE OF A LABEL USED BY S. M. KIER IN

ADVERTISING ROCK-OIL OBTAINED IN DRILLING SALT WELLS

NEAR TARENTUM, PENNSYLVANIA 1034

FAGUNDUS—A TYPICAL OIL TOWN 1034

PORTRAIT OF JOHN D. ROCKEFELLER IN 1872 1040

PORTRAIT OF W. G. WARDEN 1053

Secretary of the South Improvement Company.

PORTRAIT OF PETER H. WATSON 1053

President of the South Improvement Company.

PORTRAIT OF CHARLES LOCKHART 1053

A member of the South Improvement Company, and

later of the Standard Oil Company. At his death

in 1904 the oldest living oil operator.

PORTRAIT OF HENRY M. FLAGLER IN 1882 1053

Active partner of John D. Rockefeller in the oil

business since 1867. Officer of the Standard

Oil Company since its organization in 1870.

PORTRAIT OF THOMAS A. SCOTT 1060

The contract of the South Improvement Company

with the Pennsylvania Railroad was signed by

Mr. Scott, then vice-president of the road.

PORTRAIT OF WILLIAM H. VANDERBILT 1060

The contract of the South Improvement Company

with the New York Central was signed by Mr.

Vanderbilt, then vice-president of the road.

PORTRAIT OF JAY GOULD 1060

President of the Erie Railroad in 1872. Signer of

the contract with the South Improvement

Company.

PORTRAIT OF COMMODORE CORNELIUS VANDERBILT 1060

President of the New York Central Railroad when

the contract with the South Improvement Company

was signed.

PORTRAIT OF JOHN D. ARCHBOLD IN 1872 1074

Now vice-president of the Standard Oil Company.

Mr. Archbold, whose home, in 1872, was in

Titusville, Pennsylvania, although one of the

youngest refiners of the Creek, was one of the

most active and efficient in breaking up the

South Improvement Company.

PORTRAIT OF HENRY H. ROGERS IN 1872 1088

Now president of the National Transit Company and

a director of the Standard Oil Company. The

opposition to the South Improvement Company

among the New York refiners was led by Mr.

Rogers.

PORTRAIT OF M. N. ALLEN 1110

Independent refiner of Titusville. Editor of the

_Courier_, an able opponent of the South

Improvement Company.

PORTRAIT OF JOHN FERTIG 1110

Prominent oil operator. Until 1893 active in

Producers’ and Refiners’ Company (independent).

PORTRAIT OF CAPT. WILLIAM HASSON 1110

President of the Petroleum Producers’ Association

of 1872.

PORTRAIT OF JOHN L. McKINNEY 1110

Prominent oil operator. Until 1889 an

independent. Now member of the Standard Oil

Company.

PORTRAIT OF JAMES S. TARR 1122

Owner of the “Tarr Farm,” one of the richest oil

territories on Oil Creek.

PORTRAIT OF WILLIAM BARNSDALL 1122

The second oil well on Oil Creek was put down by

Mr. Barnsdall.

PORTRAIT OF JAMES S. McCRAY 1122

Owner of the McCray Farm near Petroleum Centre.

PORTRAIT OF WILLIAM H. ABBOTT 1122

One of the most prominent of the early oil

producers, refiners and pipe-line operators.

FLEET OF OIL BOATS AT OIL CITY IN 1864 1136

PORTRAIT OF GEORGE H. BISSELL 1146

Founder of the first oil company in the United

States.

PORTRAIT OF JONATHAN WATSON 1146

One of the owners of the land on which the first

successful well was drilled for oil.

PORTRAIT OF SAMUEL KIER 1146

The first petroleum refined and sold for lighting

purpose was made by Mr. Kier in the ’50s in

Pittsburg.

PORTRAIT OF JOSHUA MERRILL 1146

The chemist and refiner to whom many of the most

important processes now in use in making

illuminating and lubricating oils are due.

PORTRAIT OF A. J. CASSATT IN 1877 1184

Third vice-president of the Pennsylvania Railroad

in charge of transportation when first contract

was made by that road with the Standard Oil

Company.

PORTRAIT OF GENERAL GEORGE B. McCLELLAN 1184

President of the Atlantic and Great Western

Railroad at the time of the South Improvement

Company. General McClellan did not sign the

contract.

PORTRAIT OF GENERAL JAMES H. DEVEREUX 1184

Who in 1868 as vice-president of the Lake Shore

and Michigan Southern Railroad first granted

rebates to Mr. Rockefeller’s firm.

PORTRAIT OF JOSEPH D. POTTS 1184

President of the Empire Transportation Company.

Leader in the struggle between the Pennsylvania

Railroad and the Standard Oil Company in 1877.

WOODEN CAR TANKS 1212

BOILER TANK CARS 1212

WOODEN TANKS FOR STORING OIL 1212

RAILROAD TERMINAL OF AN EARLY PIPE LINE 1212

PORTRAIT OF E. G. PATTERSON 1248

From 1872 to 1880 the chief advocate in the Oil

Region of an interstate commerce law. Assisted

in drafting the bills of 1876 and 1880.

Abandoned the independent interests at the time

of the compromise of 1880.

PORTRAIT OF ROGER SHERMAN 1248

Chief counsel of the Petroleum Producers’ Union

from 1878 to 1880. From 1880 to 1885 counsel

for the Standard Oil Company. From 1885 to his

death in 1893 counsel of the allied

independents.

PORTRAIT OF BENJ. B. CAMPBELL 1248

President of the Petroleum Producers’ Union from

1878 to 1880. Independent refiner and operator

until his death.

PORTRAIT OF JOSIAH LOMBARD 1248

Prominent independent refiner of N. Y. City,

whose firm was the only one to keep its

contract with the Tidewater Pipe Line Company

in 1880.

THE HISTORY OF

THE STANDARD OIL COMPANY

CHAPTER ONE

THE BIRTH OF AN INDUSTRY

PETROLEUM FIRST A CURIOSITY AND THEN A MEDICINE—DISCOVERY OF ITS REAL

VALUE—THE STORY OF HOW IT CAME TO BE PRODUCED IN LARGE

QUANTITIES—GREAT FLOW OF OIL—SWARM OF PROBLEMS TO SOLVE—STORAGE AND

TRANSPORTATION—REFINING AND MARKETING—RAPID EXTENSION OF THE FIELD

OF OPERATION—WORKERS IN GREAT NUMBERS WITH PLENTY OF CAPITAL—COSTLY

BLUNDERS FREQUENTLY MADE—BUT EVERY DIFFICULTY BEING MET AND

OVERCOME—THE NORMAL UNFOLDING OF A NEW AND WONDERFUL OPPORTUNITY FOR

INDIVIDUAL ENDEAVOUR.

One of the busiest corners of the globe at the opening of the year 1872

was a strip of Northwestern Pennsylvania, not over fifty miles long,

known the world over as the Oil Regions. Twelve years before this strip

of land had been but little better than a wilderness; its chief

inhabitants the lumbermen, who every season cut great swaths of primeval

pine and hemlock from its hills, and in the spring floated them down the

Allegheny River to Pittsburg. The great tides of Western emigration had

shunned the spot for years as too rugged and unfriendly for settlement,

and yet in twelve years this region avoided by men had been transformed

into a bustling trade centre, where towns elbowed each other for place,

into which three great trunk railroads had built branches, and every

foot of whose soil was fought for by capitalists. It was the discovery

and development of a new raw product, petroleum, which had made this

change from wilderness to market-place. This product in twelve years had

not only peopled a waste place of the earth, it had revolutionised the

world’s methods of illumination and added millions upon millions of

dollars to the wealth of the United States.

Petroleum as a curiosity, and indeed in a small way as an article of

commerce, was no new thing when its discovery in quantities called the

attention of the world to this corner of Northwestern Pennsylvania. The

journals of many an early explorer of the valleys of the Allegheny and

its tributaries tell of springs and streams the surfaces of which were

found covered with a thick oily substance which burned fiercely when

ignited and which the Indians believed to have curative properties. As

the country was opened, more and more was heard of these oil springs.

Certain streams came to be named from the quantities of the substance

found on the surface of the water, as “Oil Creek” in Northwestern

Pennsylvania, “Old Greasy” or Kanawha in West Virginia. The belief in

the substance as a cure-all increased as time went on and in various

parts of the country it was regularly skimmed from the surface of the

water as cream from a pan, or soaked up by woollen blankets, bottled,

and peddled as a medicine for man and beast.

Up to the beginning of the 19th century no oil seems to have been

obtained except from the surfaces of springs and streams. That it was to

be found far below the surface of the earth was discovered independently

at various points in Kentucky, West Virginia, Ohio and Pennsylvania by

persons drilling for salt-water to be used in manufacturing salt. Not

infrequently the water they found was mixed with a dark-green,

evil-smelling substance which was recognised as identical with the

well-known “rock-oil.” It was necessary to rid the water of this before

it could be used for salt, and in many places cisterns were devised in

which the brine was allowed to stand until the oil had risen to the

surface. It was then run into the streams or on the ground. This

practice was soon discovered to be dangerous, so easily did the oil

ignite. In several places, particularly in Kentucky, so much oil was

obtained with the salt-water that the wells had to be abandoned. Certain

of these deserted salt wells were opened years after, when it was found

that the troublesome substance which had made them useless was far more

valuable than the brine the original drillers sought.

Naturally the first use made of the oil obtained in quantities from the

salt wells was medicinal. By the middle of the century it was without

doubt the great American medicine. “Seneca Oil” seems to have been the

earliest name under which petroleum appeared in the East. It was

followed by a large output of Kentucky petroleum sold under the name

“American Medicinal Oil.” Several hundred thousand bottles of this oil

are said to have been put up in Burkesville, Kentucky, and to have been

shipped to the East and to Europe. The point at which the business of

bottling petroleum for medicine was carried on most systematically and

extensively was Pittsburg. Near that town, at Tarentum in Alleghany

County, were located salt wells owned and operated in the forties by

Samuel M. Kier. The oil which came up with the salt-water was sufficient

to be a nuisance, and Mr. Kier sought a way to use it. Believing it had

curative qualities he began to bottle it. By 1850 he had worked up this

business until “Kier’s Petroleum, or Rock-Oil” was sold all over the

United States. The crude petroleum was put up in eight-ounce bottles

wrapped in a circular setting forth in good patent-medicine style its

virtues as a cure-all, and giving directions about its use. While it was

admitted to be chiefly a liniment it was recommended for cholera morbus,

liver complaint, bronchitis and consumption, and the dose prescribed was

three teaspoonfuls three times a day! Mr. Kier’s circulars are crowded

with testimonials of the efficacy of rock-oil, dated anywhere between

1848 and 1853. Although his trade in this oil was so extensive he was

not satisfied that petroleum was useful only as a medicine. He was

interested in it as a lubricator and a luminant. That petroleum had the

qualities of both had been discovered at more than one point before

1850. More than one mill-owner in the districts where petroleum had been

found was using it in a crude way for oiling his machines or lighting

his works, but though the qualities of both lubricator and luminant were

present, the impurities of the natural oil were too great to make its

use general. Mr. Kier seems to have been the first man to have attempted

to secure an expert opinion as to the possibility of refining it. In

1849 he sent a bottle of oil to a chemist in Philadelphia, who advised

him to try distilling it and burning it in a lamp. Mr. Kier followed the

advice, and a five-barrel still which he used in the fifties for

refining petroleum is still to be seen in Pittsburg. His trade in the

oil he produced at his little refinery was not entirely local, for in

1858 we find him agreeing to sell to Joseph Coffin of New York at 62½

cents a gallon 100 barrels of “carbon oil that will burn in the ordinary

coal-oil lamp.”

Although Mr. Kier seems to have done a good business in rock-oil,

neither he nor any one else up to this point had thought it worth while

to seek petroleum for its own sake. They had all simply sought to

utilise what rose before their eyes on springs and streams or came to

them mixed with the salt-water for which they drilled. In 1854, however,

a man was found who took rock-oil more seriously. This man was George H.

Bissell, a graduate of Dartmouth College, who, worn out by an experience

of ten years in the South as a journalist and teacher, had come North

for a change. At his old college the latest curiosity of the laboratory

was shown him—the bottle of rock-oil—and the professor contended that it

was as good, or better, than coal for making illuminating oil. Bissell

inquired into its origin, and was told that it came from oil springs

located in Northwestern Pennsylvania on the farm of a lumber firm,

Brewer, Watson and Company. These springs had long yielded a supply of

oil which was regularly collected and sold for medicine, and was used

locally by mill-owners for lighting and lubricating purposes.

Bissell seems to have been impressed with the commercial possibilities

of the oil, for he at once organised a company, the Pennsylvania

Rock-Oil Company, the first in the United States, and leased the lands

on which these oil springs were located. He then sent a quantity of the

oil to Professor Silliman of Yale College, and paid him for analysing

it. The professor’s report was published and received general attention.

From the rock-oil might be made as good an illuminant as any the world

knew. It also yielded gas, paraffine, lubricating oil. “In short,”

declared Professor Silliman, “your company have in their possession a

raw material from which, by simple and not expensive process, they may

manufacture very valuable products. It is worthy of note that my

experiments prove that nearly the whole of the raw product may be

manufactured without waste, and this solely by a well-directed process

which is in practice in one of the most simple of all chemical

processes.”[1]

The oil was valuable, but could it be obtained in quantities great

enough to make the development of so remote a locality worth while? The

only method of obtaining it known to Mr. Bissell and his associates in

the new company was from the surface of oil springs. Could it be

obtained in any other way? There has long been a story current in the

Oil Regions that the Pennsylvania Rock-Oil Company received its first

notion of drilling for oil from one of those trivial incidents which so

often turn the course of human affairs. As the story goes, Mr. Bissell

was one day walking down Broadway when he halted to rest in the shade of

an awning before a drug store. In the window he saw on a bottle a

curious label, “Kier’s Petroleum, or Rock-Oil,” it read, “Celebrated for

its wonderful curative powers. A natural Remedy; Produced from a well in

Allegheny Co., Pa., four hundred feet below the earth’s surface,” etc.

On the label was the picture of an artesian well. It was from this well

that Mr. Kier got his “Natural Remedy.” Hundreds of men had seen the

label before, for it went out on every one of Mr. Kier’s circulars, but

this was the first to look at it with a “seeing eye.” As quickly as the

bottle of rock-oil in the Dartmouth laboratory had awakened in Mr.

Bissell’s mind the determination to find out the real value of the

strange substance, the label gave him the solution of the problem of

getting oil in quantities—it was to bore down into the earth where it

was stored, and pump it up.

Professor Silliman made his report to the Pennsylvania Rock-Oil Company

in 1855, but it was not until the spring of 1858 that a representative

of the organisation, which by this time had changed hands and was known

as the Seneca Oil Company, was on the ground with orders to find oil.

The man sent out was a small stockholder in the company, Edwin L. Drake,

“Colonel” Drake as he was called. Drake had had no experience to fit him

for his task. A man forty years of age, he had spent his life as a

clerk, an express agent, and a railway conductor. His only

qualifications were a dash of pioneer blood and a great persistency in

undertakings which interested him. Whether Drake came to Titusville

ordered to put down an artesian well or not is a mooted point. His

latter-day admirers claim that the idea was entirely his own. It seems

hardly credible that men as intelligent as Professor Silliman, Mr.

Bissell, and others interested in the Pennsylvania Rock-Oil Company,

should not have taken means of finding out how the familiar “Kier’s

Rock-Oil” was obtained. Professor Silliman at least must have known of

the quantities of oil which had been obtained in different states in

drilling salt wells; indeed, in his report (see Appendix, Number 1) he

speaks of “wells sunk for the purpose of accumulating the product.” In

the “American Journal of Science” for 1840—of which he was one of the

editors—is an account of a famous oil well struck near Burkesville,

Kentucky, about 1830, when drilling for salt. It seems probable that the

idea of seeking oil on the lands leased by the Petroleum Rock-Oil

Company by drilling artesian wells had been long discussed by the

gentlemen interested in the venture, and that Drake came to Titusville

with instructions to put down a well. It is certain, at all events, that

he was soon explaining to his superiors at home the difficulty of

getting a driller, an engine-house and tools, and that he was employing

the interval in trying to open new oil springs and make the old ones

more profitable.

[Illustration:

E. L. DRAKE

In 1859 Drake drilled near Titusville, Pennsylvania, the first

artesian well put down for petroleum. He is popularly said to have

“discovered oil.”

]

The task before Drake was no light one. The spot to which he had been

sent was Titusville, a lumberman’s hamlet on Oil Creek, fourteen miles

from where that stream joins the Allegheny River. Its chief connection

with the outside world was by a stage to Erie, forty miles away. This

remoteness from civilisation and Drake’s own ignorance of artesian

wells, added to the general scepticism of the community concerning the

enterprise, caused great difficulty and long delays. It was months

before Drake succeeded in getting together the tools, engine and rigging

necessary to bore his well, and before he could get a driller who knew

how to manipulate them, winter had come, and he had to suspend

operations. People called him crazy for sticking to the enterprise, but

that had no effect on him. As soon as spring opened he borrowed a horse

and wagon and drove over a hundred miles to Tarentum, where Mr. Kier was

still pumping his salt wells, and was either bottling or refining the

oil which came up with the brine. Here Drake hoped to find a driller. He

brought back a man, and after a few months more of experiments and

accidents the drill was started. One day late in August, 1859,

Titusville was electrified by the news that Drake’s Folly, as many of

the onlookers had come to consider it, had justified itself. The well

was full of oil. The next day a pump was started, and twenty-five

barrels of oil were gathered.

There was no doubt of the meaning of the Drake well in the minds of the

people of the vicinity. They had long ago accepted all Professor

Silliman had said of the possibilities of petroleum, and now that they

knew how it could be obtained in quantity, the whole countryside rushed

out to obtain leases. The second well in the immediate region was

drilled by a Titusville tanner, William Barnsdall—an Englishman who at

his majority had come to America to make his fortune. He had fought his

way westward, watching always for his chance. The day the Drake well was

struck he knew it had come. Quickly forming a company he began to drill

a well. He did not wait for an engine, but worked his drill through the

rock by a spring pole.[2] It took three months, and cost $3,000 to do

it, but he had his reward. On February 1, 1860, he struck

oil—twenty-five barrels a day—and oil was selling at eighteen dollars a

barrel. In five months the English tanner had sold over $16,000 worth of

oil.

[Illustration:

THE DRAKE WELL IN 1859. THE FIRST OIL WELL.

]

A lumberman and merchant of the village, who long had had faith in

petroleum if it could be had in quantity, Jonathan Watson, one of the

firm of Brewer, Watson and Company, whose land the Pennsylvania Rock-Oil

Company had leased, mounted his horse as soon as he heard of the Drake

well, and, riding down the valley of Oil Creek, spent the day in leasing

farms. He soon had the third well of the region going down, this too by

a spring pole. This well started off in March at sixty gallons a minute,

and oil was selling at sixty cents a gallon. In two years the farm where

this third well was struck had produced 165,000 barrels of oil.

Working an unfriendly piece of land a few miles below the Drake well

lived a man of thirty-five. Setting out for himself at twenty-two, he

had won his farm by the most dogged efforts, working in sawmills, saving

his earnings, buying a team, working it for others until he could take

up a piece of land, hoarding his savings here. For what? How could he

know? He knew well enough when Drake struck oil, and hastened out to buy

a share in a two-acre farm. He sold it at a profit, and with the money

put down a well, from which he realised $70,000. A few years later the

farm he had slaved to win came into the field. In 1871 he refused a

million dollars for it, and at one time he had stored there 200,000

barrels of oil.

A young doctor who had buried himself in the wilderness saw his chance.

For a song he bought thirty-eight acres on the creek, six miles below

the Drake well, and sold half of it for the price he had paid to a

country storekeeper and lumberman of the vicinity, one Charles Hyde. Out

of this thirty-eight acres millions of dollars came; one well alone—the

Mapleshade—cleared one and one-half millions.

On every rocky farm, in every poor settlement of the region, was some

man whose ear was attuned to Fortune’s call, and who had the daring and

the energy to risk everything he possessed in an oil lease. It was well

that he acted at once; for, as the news of the discovery of oil reached

the open, the farms and towns of Ohio, New York, and Pennsylvania poured

out a stream of ambitious and vigorous youths, eager to seize what might

be there for them, while from the East came men with money and business

experience, who formed great stock companies, took up lands in parcels

of thousands of acres, and put down wells along every rocky run and

creek, as well as over the steep hills. In answer to their drill, oil

poured forth in floods. In many places pumping was out of the question;

the wells flowed 2,000, 3,000, 4,000 barrels a day—such quantities of it

that at the close of 1861 oil which in January of 1860 was twenty

dollars a barrel had fallen to ten cents.

Here was the oil, and in unheard-of quantities, and with it came all the

swarm of problems which a discovery brings. The methods Drake had used

were crude and must be improved. The processes of refining were those of

the laboratory and must be developed. Communication with the outside

world must be secured. Markets must be built up. Indeed, a whole new

commercial machine had to be created to meet the discovery. These

problems were not realised before the region teemed with men to wrestle

with them—men “alive to the instant need of things.” They had to begin

with so simple and elementary a matter as devising something to hold the

oil. There were not barrels enough to be bought in America, although

turpentine barrels, molasses barrels, whiskey barrels—every sort of

barrel and cask—were added to new ones made especially for oil.

Reservoirs excavated in the earth and faced with logs and cement, and

box-like structures of planks or logs were tried at first but were not

satisfactory. A young Iowa school teacher and farmer, visiting at his

home in Erie County, went to the region. Immediately he saw his chance.

It was to invent a receptacle which would hold oil in quantities.

Certain large producers listened to his scheme and furnished money to

make a trial tank. It was a success, and before many months the school

teacher was buying thousands of feet of lumber, employing scores of men,

and working them and himself—day and night. For nearly ten years he

built these wooden tanks. Then seeing that iron tanks—huge receptacles

holding thousands of barrels where his held hundreds—were bound to

supersede him, he turned, with the ready adaptability which

characterised the men of the region, to producing oil for others to

tank.

After the storing problem came that of transportation. There was one

waterway leading out—Oil Creek, as it had been called for more than a

hundred years,—an uncertain stream running the length of the narrow

valley in which the oil was found, and uniting with the Allegheny River

at what is now known as Oil City. From this junction it was 132 miles to

Pittsburg and a railroad. Besides this waterway were rough country roads

leading to the railroads at Union City, Corry, Erie and Meadville. There

was but one way to get the oil to the bank of Oil Creek or to the

railroads, and that was by putting it into barrels and hauling it.

Teamsters equipped for this service seemed to fall from the sky. The

farms for a hundred miles around gave up their boys and horses and

wagons to supply the need. It paid. There were times when three and even

four dollars a barrel were paid for hauling five or ten miles. It was

not too much for the work. The best roads over which they travelled were

narrow, rough, unmade highways, mere openings to the outer world, while

the roads to the wells they themselves had to break across fields and

through forests. These roads were made almost impassable by the great

number of heavily freighted wagons travelling over them. From the big

wells a constant procession of teams ran, and it was no uncommon thing

for a visitor to the Oil Regions to meet oil caravans of a hundred or

more wagons. Often these caravans were held up for hours by a dangerous

mud-hole into which a wheel had sunk or a horse fallen. If there was a

possible way to be made around the obstruction it was taken, even if it

led through a farmer’s field. Indeed, a sort of guerilla warfare went on

constantly between the farmers and the teamsters. Often the roads became

impassable, so that new ones had to be broken, and not even a shot-gun

could keep the driver from going where the passage was least difficult.

The teamster, in fact, carried a weapon which few farmers cared to face,

his terrible “black snake,” as his long, heavy black whip was called.

The man who had once felt the cruel lash of a “black snake” around his

legs did not often oppose the owner.

With the wages paid him the teamster could easily become a kind of

plutocrat. One old producer tells of having a teamster in his employ who

for nine weeks drew only enough of his earnings to feed himself and

horses. He slept in his wagon and tethered the team. At the end of the

time he “thought he’d go home for a clean shirt” and asked for a

settlement. It was found that he had $1,900 to his credit. The story is

a fair illustration both of the habits and the earnings of the Oil Creek

teamsters. Indispensable to the business they became the tyrants of the

region—working and brawling as suited them, a genius not unlike the

flatboat-men who once gave colour to life on the Mississippi, or the

cowboys who make the plains picturesque to-day. Bad as their reputation

was, many a man found in their ranks the start which led later to wealth

and influence in the oil business. One of the shrewdest, kindest, oddest

men the Oil Regions ever knew, Wesley Chambers, came to the top from the

teamster class. He had found his way to the creek after eight years of

unsuccessful gold-hunting in California. “There’s my chance,” he said,

when he saw the lack of teams and boats, and he set about organising a

service for transporting oil to Pittsburg. In a short time he was buying

horses of his own and building boats. Wide-awake to actualities, he saw

a few years later that the teamster and the boat were to be replaced by

the pipe-line and the railroad, and forestalled the change by becoming a

producer.

In this problem of transportation the most important element after the

team was Oil Creek and the flatboat. A more uncertain stream never ran

in a bed. In the summer it was low, in the winter frozen; now it was

gorged with ice, now running mad over the flats. The best service was

gotten out of it in time of low water through artificial freshets.

Milldams, controlled by private parties, were frequent along the creek

and its tributaries. By arrangement these dams were cut on a certain day

or days of the week, usually Friday, and on the flood or freshet the

flatboats loaded with barrels of oil were floated down stream. The

freshet was always exciting and perilous and frequently disastrous. From

the points where they were tied up the boatmen watched the coming flood

and cut themselves loose the moment after its head had passed them. As

one fleet after another swung into the roaring flood the danger of

collision and jams increased. Rare indeed was the freshet when a few

wrecks did not lie somewhere along the creek, and often scores lay piled

high on the bank—a hopeless jam of broken boats and barrels, the whole

soaked in petroleum and reeking with gas and profanity. If the boats

rode safely through to the river, there was little further danger.

The Allegheny River traffic grew to great proportions—fully 1,000 boats

and some thirty steamers were in the fleet, and at least 4,000 men. This

traffic was developed by men who saw here their opportunity of fortune,

as others had seen it in drilling or teaming. The foremost of these men

was an Ohio River captain, driven northward by the war, one J. J.

Vandergrift. Captain Vandergrift had run the full gamut of river

experiences from cabin-boy to owner and commander of his own steamers.

The war stopped his Mississippi River trade. Fitting up one of his

steamers as a gun-boat, he turned it over to Commodore Foote and looked

for a new stream to navigate. From the Oil Region at that moment the

loudest cry was for barrels. He towed 4,000 empty casks up the river,

saw at once the need of some kind of bulk transportation, took his hint

from a bulk-boat which an ingenious experimenter was trying, ordered a

dozen of them built, towed his fleet to the creek, bought oil to fill

them, and then returned to Pittsburg to sell his cargo. On one alone he

made $70,000.

But the railroad soon pressed the river hard. At the time of the

discovery of oil three lines, the Philadelphia and Erie, the Buffalo and

Erie (now the Lake Shore), connecting with the Central, and the Atlantic

and Great Western, connecting with the Erie, were within teaming

distance of the region. The points at which the Philadelphia and Erie

road could be reached were Erie, forty miles from Titusville, Union

City, twenty-two miles, and Corry, sixteen miles. The Buffalo and Erie

was reached at Erie. The Atlantic and Great Western was reached at

Meadville, Union City and Corry, and the distances were twenty-eight,

twenty-two and sixteen miles, respectively. Erie was the favourite

shipping point at first, as the wagon road in that direction was the

best. The amount of freight the railroads carried the first year of the

business was enormous. Of course connecting lines were built as rapidly

as men could work. By the beginning of 1863 the Oil Creek road, as it

was known, had reached Titusville from Corry. This gave an eastern

connection by both the Philadelphia and Erie and the Atlantic and Great

Western, but as the latter was constructing a branch from Meadville to

Franklin, the Oil Creek road became the feeder of the former

principally. Both of these roads were completed to Oil City by 1865.

The railroads built, the vexatious, time-taking, and costly problem of

getting the oil from the well to the shipping point still remained. The

teamster was still the tyrant of the business. His day was almost over.

He was to fall before the pipe-line. The feasibility of carrying oil in

pipes was discussed almost from the beginning of the oil business. Very

soon after the Drake well was struck oil men began to say that the

natural way to get this oil from the wells to the railroads was through

pipes. In many places gravity would carry it; where it could not, pumps

would force it. The belief that this could be done was so strong that as

early as February, 1862, a company was incorporated in Pennsylvania for

carrying oil in pipes or tubes from any point on Oil Creek to its mouth

or to any station on the Philadelphia and Erie Railroad. This company

seems never to have done more than get a charter. In 1863 at least three

short pipe-lines were put into operation. The first of these was a

two–inch pipe, through which distillate was pumped a distance of three

miles from the Warren refinery at Plumer to Warren’s Landing on the

Allegheny River. The one which attracted the most attention was a line

two and one-half miles in length carrying crude oil from the Tarr farm

to the Humboldt refinery at Plumer. Various other experiments were made,

both gravity and pumps being trusted for propelling the oil, but there

was always something wrong; the pipes leaked or burst, the pumps were

too weak; shifting oil centres interrupted experiments which might have

been successful. Then suddenly the man for the need appeared, Samuel Van

Syckel. He came to the creek in 1864 with some money, hoping to make

more. He handled quantities of oil produced at Pithole, several miles

from a shipping point, and saw his profits eaten up by teamsters. Their

tyranny aroused his ire and his wits and he determined to build a

pipe-line from the wells to the railroad. He was greeted with jeers, but

he went doggedly ahead, laid a two–inch pipe, put in three relay pumps,

and turned in his oil. From the start the line was a success, carrying

eighty barrels of oil an hour. The day that the Van Syckel pipe-line

began to run oil a revolution began in the business. After the Drake

well it is the most important event in the history of the Oil Regions.

The teamsters saw its meaning first and turned out in fury, dragging the

pipe, which was for the most part buried, to the surface, and cutting it

so that the oil would be lost. It was only by stationing an armed guard

that they were held in check. A second line of importance, that of

Abbott and Harley, suffered even more than that of Van Syckel. The

teamsters did more than cut the pipe; they burned the tanks in which oil

was stored, laid in wait for employees, threatened with destruction the

wells which furnished the oil, and so generally terrorised the country

that the governor of the state was called upon in April, 1866, to

protect the property and men of the lines. The day of the teamster was

over, however, and the more philosophical of them accepted the

situation; scores disappeared from the region, and scores more took to

drilling. They died hard, and the cutting and plugging of pipe-lines was

for years a pastime of the remnant of their race.

If the uses to which oil might be put and the methods for manufacturing

it had not been well understood when the Drake well was struck, there

would have been no such imperious demand as came for the immediate

opening of new territory and developing methods of handling and carrying

it on a large scale. But men knew already what the oil was good for,

and, in a crude way, how to distil it. The process of distillation also

was free to all. The essential apparatus was very simple—a cast-iron

still, usually surrounded by brickwork, a copper worm, and two tin- or

zinc-lined tanks. The still was filled with crude oil, which was

subjected to a high enough heat to vapourise it. The vapour passed

through a cast-iron goose-neck fitted to the top of the still into the

copper worm, which was immersed in water. Here the vapour was condensed

and passed into the zinc-lined tank. This product, called a distillate,

was treated with chemicals, washed with water, and run off into the

tin-lined tank, where it was allowed to settle. Anybody who could get

the apparatus could “make oil,” and many men did—badly, of course, to

begin with, and with an alarming proportion of waste and explosions and

fires, but with experience they learned, and some of the great

refineries of the country grew out of these rude beginnings.

Luckily not all the men who undertook the manufacturing of petroleum in

these first days were inexperienced. The chemists to whom are due

chiefly the processes now used—Atwood, Gessner, and Merrill—had for

years been busy making oils from coal. They knew something of petroleum,

and when it came in quantities began at once to adapt their processes to

it. Merrill at the time was connected with Samuel Downer, of Boston, in

manufacturing oil from Trinidad pitch and from coal bought in

Newfoundland. The year oil was discovered Mr. Downer distilled 7,500

tons of this coal, clearing on it at least $100,000. As soon as

petroleum appeared he and Mr. Merrill saw that here was a product which

was bound to displace their coal, and with courage and promptness they

prepared to adapt their works. In order to be near the supply they came

to Corry, fourteen miles from the Drake well, and in 1862 put up a

refinery which cost $250,000. Here were refined thousands of barrels of

oil, most of which was sent to New York for export. To the Boston works

the firm sent crude, which was manufactured for the home trade and for

shipping to California and Australia. The processes used in the Downer

works at this early day were in all essentials the same as are used

to-day.

In 1865 William Wright, after a careful study of “Petrolia,” as the Oil

Regions were then often called, published with Harper and Brothers an

interesting volume in which he devotes a chapter to “Oil Refining and

Refiners.” Mr. Wright describes there not only the Downer works at

Corry, but a factory which if much less important in the development of

the Oil Regions held a much larger place in its imagination. This was

the Humboldt works at Plumer. In 1862 two Germans, brothers, the Messrs.

Ludovici, came to the oil country and, choosing a spot distant from oil

wells, main roads, or water courses, erected an oil refinery which was

reported to have cost a half million dollars. The works were built in a

way unheard of then and uncommon now. The foundations were all of cut

stone. The boiler and engines were of the most expensive character. A

house erected in connection with the refinery was said to have been

finished in hard wood with marble mantels, and furnished with rich

carpets, mirrors, and elaborate furniture. The lavishness of the

Humboldt refinery and the formality with which its business was

conducted were long a tradition in the Oil Regions. Of more practical

moment are the features of the refinery which Mr. Wright mentions: one

is that the works had been so planned as to take advantage of the

natural descent of the ground so that the oil would pass from one set of

vessels to another without using artificial power, and the other that

the supply of crude oil was obtained from the Tarr farm three miles

away, being forced by pumps, through pipes, over the hills.

Mr. Wright found some twenty refineries between Titusville and Oil City

the year of his visit, 1865. In several factories that he visited they

were making naphtha, gasoline, and benzine for export. Three grades of

illuminating oils—“prime white,” “standard white,” and “straw

colour”—were made everywhere; paraffine, refined to a pure white article

like that of to-day, was manufactured in quantities by the Downer works;

and lubricating oils were beginning to be made.

As men and means were found to put down wells, to devise and build tanks

and boats and pipes and railroads for handling the oil, to adapt and

improve processes for manufacturing, so men were found from the

beginning of the oil business to wrestle with every problem raised. They

came in shoals, young, vigorous, resourceful, indifferent to

difficulties, greedy for a chance, and with each year they forced more

light and wealth from the new product. By the opening of 1872 they had

produced nearly 40,000,000 barrels of oil, and had raised their product

to the fourth place among the exports of the United States, over

152,000,000 gallons going abroad in 1871, a percentage of the production

which compares well with what goes to-day.[3] As for the market, they

had developed it until it included almost every country of the

earth—China, the East and West Indies, South America and Africa. Over

forty different European ports received refined oil from the United

States in 1871. Nearly a million gallons were sent to Syria, about a

half million to Egypt, about as much to the British West Indies, and a

quarter of a million to the Dutch East Indies. Not only were

illuminating oils being exported. In 1871 nearly seven million gallons

of naphtha, benzine, and gasoline were sent abroad, and it became

evident now for the first time that a valuable trade in lubricants made

from petroleum was possible. A discovery by Joshua Merrill of the Downer

works opened this new source of wealth to the industry. Until 1869 the

impossibility of deodorising petroleum had prevented its use largely as

a lubricant, but in that year Mr. Merrill discovered a process by which

a deodorised lubricating oil could be made. He had both the apparatus

for producing the oil and the oil itself patented. The oil was so

favourably received that the market sale by the Downer works was several

hundred per cent. greater in a single year than the firm had ever sold

before.

The oil field had been extended from the valley of Oil Creek and its

tributaries down the Allegheny River for fifty miles and probably

covered 2,000 square miles. The early theory that oil followed the

streams had been exploded, and wells were now drilled on the hills. It

was known, too, that if oil was found in the first sand struck in the

drilling, it might be found still lower in a second or third sand. The

Drake well had struck oil at 69½ feet, but wells were now drilled as

deep as 1,600 feet. The extension of the field, the discovery that oil

was under the hills as well as under streams, and to be found in various

sands, had cost enormously. It had been done by “wild-catting,” as

putting down experimental wells was called, by following superstitions

in locating wells, such as the witch-hazel stick, or the spiritualistic

medium, quite as much as by studying the position of wells in existence

and calculating how oil belts probably ran. As the cost of a well was

from $3,000 to $8,000,[4] according to its location, and as 4,374 of the

5,560 wells drilled in the first ten years of the business (1859 to

1869) were “dry-holes,” or were abandoned as unprofitable, something of

the daring it took to operate on small means, as most producers did in

the beginning, is evident. But they loved the game, and every man of

them would stake his last dollar on the chance of striking oil.

With the extension of the field rapid strides had been made in tools, in

rigs, in all of the various essentials of drilling a well. They had

learned to use torpedoes to open up hard rocks, naphtha to cut the

paraffine which coated the sand and stopped the flow of oil, seed bags

to stop the inrush of a stream of water. They lost their tools less

often, and knew better how to fish for them when they did. In short,

they had learned how to put down and care for oil wells.

Equal advances had been made in other departments, fewer cars were

loaded with barrels, tank cars for carrying in bulk had been invented.

The wooden tank holding 200 to 1,200 barrels had been rapidly replaced

by the great iron tank holding 20,000 or 30,000 barrels. The pipe-lines

had begun to go directly to the wells instead of pumping from a general

receiving station, or “dump,” as it was called, thus saving the tedious

and expensive operation of hauling. From beginning to end the business

had been developed, systematised, simplified.

Most important was the simplification of the transportation problem by

the development of pipe-lines. By 1872 they were the one oil gatherer.

Several companies were carrying on the pipe-line business, and two of

them had acquired great power in the Oil Regions because of their

connection with trunk lines. These were the Empire Transportation

Company and the Pennsylvania Transportation Company. The former, which

had been the first business organisation to go into the pipe-line

business on a large scale, was a concern which had appeared in the Oil

Regions not over six months before Van Syckel began to pump oil. The

Empire Transportation Company had been organised in 1865 to build up an

east and west freight traffic _via_ the Philadelphia and Erie Railroad,

a new line which had just been leased by the Pennsylvania. Some ten

railroads connected in one way or another with the Philadelphia and

Erie, forming direct routes east and west. In spite of their evident

community of interest these various roads were kept apart by their

jealous fears of one another. Each insisted on its own time-table, its

own rates, its own way of doing things. The shipper _via_ this route

must make a separate bargain with each road and often submit to having

his freight changed at terminals from one car to another because of the

difference of gauge. The Empire Transportation Company undertook to act

as a mediator between the roads and the shipper, to make the route

cheap, fast, and reliable. It proposed to solicit freight, furnish its

own cars and terminal facilities, and collect money due. It did not make

rates, however; it only harmonised those made by the various branches in

the system. It was to receive a commission on the business secured, and

a rental for the cars and other facilities it furnished.

It was a difficult task the new company undertook, but it had at its

head a remarkable man to cope with difficulties. This man, Joseph D.

Potts, was in 1865 thirty-six years old. He had come of a long and

honourable line of iron-masters of the Schuylkill region of

Pennsylvania, but had left the great forge towns with which his

ancestors had been associated—Pottstown, Glasgow Forge, Valley Forge—to

become a civil engineer. His profession had led him to the service of

the Pennsylvania Railroad, where he had held important positions in

connection with which he now undertook the organisation of the Empire

Transportation Company. Colonel Potts—the title came from his service in

the Civil War—possessed a clear and vigorous mind; he was far-seeing,

forceful in execution, fair in his dealings. To marked ability and

integrity he joined a gentle and courteous nature.

The first freight which the Empire Transportation Company attacked after

its organisation was oil. The year was a great one for the Oil Regions,

the year of Pithole. In January there had suddenly been struck on

Pithole Creek in a wilderness six miles from the Allegheny River a well,

located with a witch-hazel twig, which produced 250 barrels a day—and

oil was selling at eight dollars a barrel! Wells followed in rapid

succession. In less than ten months the field was doing over 10,000

barrels a day. This sudden flood of oil caused a tremendous excitement.

Crowds of speculators and investors rushed to Pithole from all over the

country. The Civil War had just closed, soldiers were disbanding, and

hundreds of them found their way to the new oil field. In six weeks

after the first well was struck Pithole was a town of 6,000 inhabitants.

In less than a year it had fifty hotels and boardinghouses; five of

these hotels cost $50,000 or more each. In six months after the first

well the post-office of Pithole was receiving upwards of 10,000 letters

per day and was counted third in size in the state—Philadelphia,

Pittsburg, and Pithole being the order of rank. It had a daily paper,

churches, all the appliances of a town.

The handling of the great output of oil from the Pithole field was a

serious question. There seemed not enough cars in the country to carry

it and shippers resorted to every imaginable trick to get

accommodations. When the agent of the Empire Transportation Company

opened his office in June, 1865, and demonstrated his ability to furnish

cars regularly and in large numbers, trade rapidly flowed to him. Now

the Empire agency had hardly been established when the Van Syckel

pipe-line began to carry oil from Pithole to the railroad. Lines began

to multiply. The railroads saw at once that they were destined speedily

to do all the gathering and hastened to secure control of them. Colonel

Potts’s first pipe-line purchase was a line running from Pithole to

Titusville, which as yet had not been wet.

When the Empire Transportation Company took over this line nothing had

been demonstrated but that oil could be driven, by relay pumps, five

miles through a two–inch pipe. The Empire’s first effort was to get a

longer run by fewer pumps. The agent in charge, C. P. Hatch, believed

that oil could be brought the entire ten and one-half miles from Pithole

to Titusville by one pump. He met with ridicule, but he insisted on

trying it in the new line his company had acquired. The experiment was

entirely successful. Improvements followed as rapidly as hands could

carry out the suggestions of ingenuity and energy. One of the most

important made the first year of the business was connecting wells by

pipe directly with the tanks at the pumping stations, thus doing away

with the expensive hauling in barrels to the “dump.” A new device for

accounting to the producer for his oil was made necessary by this

change, and the practice of taking the gauge or measure of the oil in

the producer’s tank before and after the run and issuing duplicate “run

tickets” was devised by Mr. Hatch. The producers, however, were not all

“square”; it sometimes happened that they sold oil by a transfer order

on the pipe-line, which they did not have in the line! To prevent these

the Empire Transportation Company in 1868 began to issue certificates

for credit balances of oil; these soon became the general mediums of

trade in oil, and remain so to-day.

One of the cleverest of the pipe-line devices of the Empire Company was

its assessment for waste and fire. In running oil through pipes there is

more or less lost by leaking and evaporation. In September, 1868, Mr.

Hatch announced that thereafter he would deduct two per cent. from oil

runs for wastage. The assessment raised almost a riot in the region,

meetings were held, the Empire Transportation Company was denounced as a

highway robber, and threats of violence were made if the order was

enforced. While this excitement was in progress there came a big fire on

the line. Now the company’s officials had been studying the question of

fire insurance from the start. Fires in the Oil Regions were as regular

a feature of the business as explosions used to be on the Mississippi

steamboats, and no regular fire insurance company would take the risk.

It had been decided that at the first fire there should be announced

what was called a “general average assessment,” that is, a fire tax, and

to be ready, blanks had been prepared. Now in the thick of the

resistance to the wastage assessment came a fire and the line announced

that the producers having oil in the line must pay the insurance. The

controversy at once waxed hotter than ever, but was finally compromised

by the withdrawal in this case of the fire insurance if the producers

would consent to the tax for waste. They did consent, and later when

fires occurred the general average assessment was applied without

serious opposition. Both of these practices prevail to-day. By the end

of 1871 the Empire Transportation Company was one of the most efficient

and respected business organisations in the oil country.

Its chief rival was the Pennsylvania Transportation Company, an

organisation which had its origin in the second pipe-line laid in the

Oil Regions. This line was built by Henry Harley, a man who for fully

ten years was one of the most brilliant figures in the oil country.

Harley was a civil engineer by profession, a graduate of the Troy

Polytechnic Institute, and had held a responsible position for some time

as an assistant of General Herman Haupt in the Hoosac Tunnel. He became

interested in the oil business in 1862, first as a buyer of petroleum,

then as an operator in West Virginia. In 1865 he laid a pipe-line from

one of the rich oil farms of the creek to the railroad. It was a

success, and from this venture Harley and his partner, W. H. Abbott, one

of the wealthiest and most active men in the country, developed an

important transportation system. In 1868 Jay Gould, who as president of

the Erie road was eager to increase his oil freight, bought a

controlling interest in the Abbott and Harley lines, and made Harley

“General Oil Agent” of the Erie system. Harley now became closely

associated with Fisk and Gould, and the three carried on a series of

bold and piratical speculations in oil which greatly enraged the oil

country. They built a refinery near Jersey City, extended their

pipe-line system, and in 1871, when they reorganised under the name of

the Pennsylvania Transportation Company, they controlled probably the

greatest number of miles of pipe of any company in the region, and then

were fighting the Empire bitterly for freight.

There is no part of this rapid development of the business more

interesting than the commercial machine the oil men had devised by 1872

for marketing oil. A man with a thousand-barrel well on his hands in

1862 was in a plight. He had got to sell his oil at once for lack of

storage room or let it run on the ground, and there was no exchange, no

market, no telegraph, not even a post-office within his reach where he

could arrange a sale. He had to depend on buyers who came to him. These

buyers were the agents of the refineries in different cities, or of the

exporters of crude in New York. They went from well to well on

horseback, if the roads were not too bad, on foot if they were, and at

each place made a special bargain varying with the quantity bought and

the difficulty in getting it away, for the buyer was the transporter,

and, as a rule, furnished the barrels or boats in which he carried off

his oil. It was not long before the speculative character of the oil

trade due to the great fluctuations in quantity added a crowd of brokers

to the regular buyers who tramped up and down the creek. When the

railroads came in the trains became the headquarters for both buyers and

sellers. This was the more easily managed as the trains on the creek

stopped at almost every oil farm. These trains became, in fact, a sort

of travelling oil exchange, and on them a large percentage of all the

bargaining of the business was done.

The brokers and buyers first organised and established headquarters in

Oil City in 1869, but there was an oil exchange in New York City as

early as 1866. Titusville did not have an exchange until 1871. By this

time the pipe-lines had begun to issue certificates for the oil they

received, and the trading was done to a degree in these. The method was

simple, and much more convenient than the old one. The producer ran his

oil into a pipe-line, and for it received a certificate showing that the

line held so much to his credit; this certificate was transferred when

the sale was made and presented when the oil was wanted.

One achievement of which the oil men were particularly proud was

increasing the refining capacity of the region. At the start the

difficulty of getting the apparatus for a refinery to the creek had been

so enormous that the bulk of the crude had been driven to the nearest

manufacturing cities—Erie, Pittsburg, Cleveland. Much had gone to the

seaboard, too, and Boston, New York, Philadelphia and Baltimore were all

doing considerable refining. There was always a strong feeling in the

Oil Regions that the refining should be done at home. Before the

railroads came the most heroic efforts were made again and again to get

in the necessary machinery. Brought from Pittsburg by water, as a rule,

the apparatus had to be hauled from Oil City, where it had been dumped

on the muddy bank of the river—there were no wharfs—over the

indescribable roads to the site chosen. It took weeks—months

sometimes—to get in the apparatus. The chemicals used in the making of

the oil, the barrels in which to store it—all had to be brought from

outside. The wonder is that under these conditions anybody tried to

refine on the creek. But refineries persisted in coming, and after the

railroads came, increased; by 1872 the daily capacity had grown to

nearly 10,000 barrels, and there were no more complete or profitable

plants in existence than two or three of those on the creek. The only

points having larger daily capacity were Cleveland and New York City.

Several of the refineries had added barrel works. Acids were made on the

ground. Iron works at Oil City and Titusville promised soon to supply

the needs of both drillers and refiners. The exultation was great, and

the press and people boasted that the day would soon come when they

would refine for the world. There in their own narrow valleys should be

made everything which petroleum would yield. Cleveland, Pittsburg—the

seaboard—must give up refining. The business belonged to the Oil

Regions, and the oil men meant to take it.

A significant development in the region was the tendency among many of

the oil men to combine different branches of the business. Several large

producers conducted shipping agencies for handling their own and other

people’s oil. The firm of Pierce and Neyhart was a prominent one

carrying on this double business in the sixties and early seventies. J.

J. Vandergrift, who has been mentioned already as one of the first men

to take hold of the transportation problem, early became interested in

production. As soon as the pipe-line was demonstrated to be a success he

began building lines. He also added to his interests a large refinery,

the Imperial of Oil City. Captain Vandergrift by 1870 produced,

transported and refined his own oil as well as transported and refined

much of other people’s. It was a common practice for a refinery in the

Oil Regions to pipe oil directly to its works by its own line, and in

1872 one refinery in Titusville, the Octave, carried its refined oil a

mile or more by pipe to the railroad. Although most of the refineries at

this period sold their products to dealers and exporters, the building

up of markets by direct contact with new territory was beginning to be a

consideration with all large manufacturers. The Octave of Titusville,

for instance, chartered a ship in 1872 to load with oil and send in

charge of its own agent into South American ports.

The odds against the oil men in developing the business had not been

merely physical ones. There had been more than the wilderness to

conquer, more than the possibilities of a new product to learn. Over all

the early years of their struggle and hardships hovered the dark cloud

of the Civil War. They were so cut off from men that they did not hear

of the fall of Sumter for four days after it happened, and the news for

the time blotted out interest even in flowing wells. Twice at least when

Lee invaded Pennsylvania the whole business came to a stand-still, men

abandoning the drill, the pump, the refinery to make ready to repel the

invader. They were taxed for the war—taxes rising to ten dollars per

barrel in 1865—one dollar on crude and twenty cents a gallon on refined

(the oil barrel is usually estimated at forty-two gallons). They gave up

their quota of men again and again at the call for recruits, and when

the end came and a million men were cast on the country, this little

corner of Pennsylvania absorbed a larger portion of men probably than

any other spot in the United States. The soldier was given the first

chance everywhere at work, he was welcomed into oil companies, stock

being given him for the value of his war record. There were lieutenants

and captains and majors—even generals—scattered all over the field, and

the field felt itself honoured, and bragged, as it did of all things, of

the number of privates and officers who immediately on disbandment had

turned to it for employment.

It was not only the Civil War from which the Oil Regions had suffered;

in 1870 the Franco-Prussian War broke the foreign market to pieces and

caused great loss to the whole industry. And there had been other

troubles. From the first, oil men had to contend with wild fluctuations

in the price of oil. In 1859 it was twenty dollars a barrel, and in 1861

it had averaged fifty-two cents. Two years later, in 1863, it averaged

$8.15, and in 1867 but $2.40. In all these first twelve years nothing

like a steady price could be depended on, for just as the supply seemed

to have approached a fixed amount, a “wildcat” well would come in and

“knock the bottom out of the market.” Such fluctuations were the natural

element of the speculator, and he came early, buying in quantities and

holding in storage tanks for higher prices. If enough oil was held, or

if the production fell off, up went the price, only to be knocked down

by the throwing of great quantities of stocks on the market. The

producers themselves often held their oil, though not always to their

own profit. A historic case of obstinate holding occurred in 1871 on the

“McCray farm,” the most productive field in the region at that time.

Prices were hovering around three dollars, and McCray swore he would not

sell under five dollars. He bought, hired and built iron tankage until

he had upward of 200,000 barrels. There was great loss from leakage and

from evaporation and there were taxes, but McCray held on, refusing four

dollars, $4.50, and even five dollars. Evil times came in the Oil

Regions soon after and with them “dollar oil.” McCray finally was

obliged to sell his stocks at about $1.20 per barrel. To develop a

business in face of such fluctuations and speculation in the raw product

took not only courage—it took a dash of the gambler. It never could have

been done, of course, had it not been for the streams of money which

flowed unceasingly and apparently from choice into the regions. In 1865

Mr. Wright calculated that the oil country was using a capital of

$100,000,000. In 1872 the oil men claimed the capital in operation was

$200,000,000. It has been estimated that in the first decade of the

industry nearly $350,000,000 was put into it.

Speculation in oil stock companies was another great evil. It reached

its height in 1864 and 1865—the “flush times” of the business. Stocks in

companies whose holdings were hardly worth the stamps on the

certificates were sold all over the land. In March, 1865, the aggregate

capital of the oil companies whose charters were on file in Albany, New

York, was $350,000,000, and in Philadelphia alone in 1864 and 1865 1,000

oil companies, mostly bogus, are said to have been formed. These

swindles were dignified by the names of officers of distinction in the

United States army, for the war was coming to an end and the name of a

general was the most popular and persuasive argument in the country. Of

course there came a collapse. The “oil bubble” burst in 1866, and it was

nothing but the irrepressible energy of the region which kept the

business going in the panic which followed.

Then there was the disturbing effect of foreign competition. What would

become of them if oil was found in quantities in other countries? A

decided depression of the market occurred in 1866 when the government

sent out reports of developments of foreign oil fields. If there was oil

in Japan, China, Burmah, Persia, Russia, Bavaria, in the quantities the

government reports said, why, there was trouble in store for

Pennsylvania, the oil men argued, and for a day the market fell—it was

only for a day. Men forgot easily in the Oil Regions in the sixties.

An evil in their business which they were only beginning to grasp fully

in 1871 was the unholy system of freight discrimination which the

railroads were practising. Three trunk lines competed for the business

by 1872—the Pennsylvania, which had leased the Philadelphia and Erie,

the Erie and the Central. (The latter road reached the Oil Regions by a

branch from Ashtabula on the Lake Shore and Michigan Southern division

to Oil City; this branch was completed in 1868.) The Pennsylvania

claimed the oil traffic as a natural right; for the Oil Regions were in

Pennsylvania, and did not Tom Scott own that state? The Erie road for

about five years had been in the hands of those splendid pirates, Jay

Gould and “Jim” Fisk. Naturally they took all they could get of the oil

traffic and took it by freebooting methods. “Corners” and “rings” were

their favourite devices for securing trade, and more than once their aid

had carried through daring and unscrupulous speculations in oil. The

Central in this period was waging its famous desperate war on the Erie,

Commodore Vanderbilt having marked that highway for his own along with

most other things in New York State. All three of the roads began as

early as 1868 to use secret rebates on the published freight rates in

oil as a means of securing traffic. This practice had gone on until in

1871 any big producer, refiner, or buyer could bully a freight agent

into a special rate. Those “on the inside,” those who had “pulls,” also

secured special rates. The result was that the open rate was enforced

only on the innocent and the weak.

Serious as all these problems were, there was no discouragement or

shrinking from them. The oil men had rid themselves of bunco men and

burst the “oil bubbles.” They had harnessed the brokers in exchanges and

made strict rules to govern them. They had learned not to fear the

foreigners, and to take with equal _sang froid_ the “dry-hole” which

made them poor, or the “gusher” which made them rich. For every evil

they had a remedy. They were not afraid even of the railroads, and

loudly declared that if the discriminations were not stopped they would

build a railroad of their own. Indeed, the evils in the oil business in

1871, far from being a discouragement, rather added to the interest.

They had never known anything but struggle—with conquest—and twelve

years of it was far from cooling their ardour for a fair fight.

More had been done in the Oil Regions in the first dozen years than the

development of a new industry. From the first there had gone with the

oil men’s ambition to make oil to light the whole earth a desire to

bring civilisation to the wilderness from which they were drawing

wealth, to create an orderly society from the mass of humanity which

poured pell-mell into the region. A hatred of indecency first drew

together the better element of each of the rough communities which

sprang up. Whiskey-sellers and women flocked to the region at the

breaking out of the excitement. Their first shelters were shanties built

on flatboats which were towed from place to place: They came to

Rouseville—a collection of pine shanties and oil derricks, built on a

muddy flat—as forlorn and disreputable a town in appearance as the earth

ever saw. They tied up for trade, and the next morning woke up from

their brawl to find themselves twenty miles away, floating down the

Allegheny River. Rouseville meant to be decent. She had cut them loose,

and by such summary vigilance she kept herself decent. Other towns

adopted the same policy. By common consent vice was corralled largely in

one town. Here a whole street was given up to dance-houses and saloons,

and those who must have a “spree” were expected to go to Petroleum

Centre to take it.

[Illustration:

FAC-SIMILE OF A LABEL USED BY S. M. KIER IN ADVERTISING ROCK-OIL

OBTAINED IN DRILLING SALT WELLS NEAR TARENTUM, PENNSYLVANIA

]

[Illustration:

FAGUNDUS—A TYPICAL OIL TOWN

]

Decency and schools! Vice cut adrift, they looked for a school teacher.

Children were sadly out of place, but there they were, and these men,

fighting for a chance, saw to it that a shanty, with a school teacher in

it, was in every settlement. It was not long, too, before there was a

church, a union church. To worship God was their primal instinct; to

defend a creed a later development. In the beginning every social

contrivance was wanting. There were no policemen, and each individual

looked after evil-doers. There were no firemen, and every man turned out

with a bucket at a fire. There were no bankers, and each man had to put

his wealth away as best he could until a peripatetic banker from

Pittsburg relieved him. At one time Dr. Egbert, a rich operator, is said

to have had $1,800,000 in currency in his house. There were no

hospitals, and in 1861, when the horrible possibilities of the oil fire

were first demonstrated by the burning of the Rouse well, a fire at

which nineteen persons lost their lives, the many injured found welcome

and care for long weeks in the little shanties of women already

overburdened by the difficulties of caring for families in the rough

community.

Out of this poverty and disorder they had developed in ten years a

social organisation as good as their commercial. Titusville, the hamlet

on whose outskirts Drake had drilled his well, was now a city of 10,000

inhabitants. It had an opera house, where in 1871 Clara Louise Kellogg

and Christine Nilsson sang, Joe Jefferson and Janauschek played, and

Wendell Phillips and Bishop Simpson spoke. It had two prosperous and

fearless newspapers. Its schools prepared for college. Oil City was not

behind, and between them was a string of lively towns. Many of the oil

farms had a decent community life. The Columbia farm kept up a library

and reading-room for its employees; there was a good schoolhouse used on

Sunday for services, and there was a Columbia farm band of no mean

reputation in the Oil Regions.

Indeed, by the opening of 1872, life in the Oil Regions had ceased to be

a mere make-shift. Comforts and orderliness and decency, even

opportunities for education and for social life, were within reach. It

was a conquest to be proud of, quite as proud of as they were of the

fact that their business had been developed until it had never before,

on the whole, been in so satisfactory a condition.

Nobody realised more fully what had been accomplished in the Oil Regions

than the oil men themselves. Nobody rehearsed their achievements so

loudly. “In ten years,” they were fond of saying, “we have built this

business up from nothing to a net product of six millions of barrels per

annum. We have invented and devised all the apparatus, the appliances,

the forms needed for a new industry. We use a capital of $200,000,000,

and support a population of 60,000 people. To keep up our supply we

drill 100 new wells per month, at an average cost of $6,000 each. We are

fourth in the exports of the United States. We have developed a foreign

market, including every civilised country on the globe.”

But what had been done was, in their judgment, only a beginning. Life

ran swift and ruddy and joyous in these men. They were still young, most

of them under forty, and they looked forward with all the eagerness of

the young who have just learned their powers, to years of struggle and

development. They would solve all these perplexing problems of

over-production, of railroad discrimination, of speculation. They would

meet their own needs. They would bring the oil refining to the region

where it belonged. They would make their towns the most beautiful in the

world. There was nothing too good for them, nothing they did not hope

and dare. But suddenly, at the very heyday of this confidence, a big

hand reached out from nobody knew where, to steal their conquest and

throttle their future. The suddenness and the blackness of the assault

on their business stirred to the bottom their manhood and their sense of

fair play, and the whole region arose in a revolt which is scarcely

paralleled in the commercial history of the United States.

CHAPTER TWO

THE RISE OF THE STANDARD OIL COMPANY

JOHN D. ROCKEFELLER’S FIRST CONNECTION WITH THE OIL BUSINESS—STORIES

OF HIS EARLY LIFE IN CLEVELAND—HIS FIRST PARTNERS—ORGANISATION OF

THE STANDARD OIL COMPANY IN JUNE, 1870—ROCKEFELLER’S ABLE

ASSOCIATES—FIRST EVIDENCE OF RAILWAY DISCRIMINATIONS IN THE OIL

BUSINESS—REBATES FOUND TO BE GENERALLY GIVEN TO LARGE SHIPPERS—FIRST

PLAN FOR A SECRET COMBINATION—THE SOUTH IMPROVEMENT COMPANY—SECRET

CONTRACTS MADE WITH THE RAILROADS PROVIDING REBATES AND

DRAWBACKS—ROCKEFELLER AND ASSOCIATES FORCE CLEVELAND REFINERS TO

JOIN THE NEW COMBINATION OR SELL—RUMOUR OF THE PLAN REACHES THE OIL

REGIONS.

The chief refining competitor of Oil Creek in 1872 was Cleveland, Ohio.

Since 1869 that city had done annually more refining than any other

place in the country. Strung along the banks of Walworth and Kingsbury

Runs, the creeks to which the city frequently banishes her heavy and

evil-smelling burdens, there had been since the early sixties from

twenty to thirty oil refineries. Why they were there, more than 200

miles from the spot where the oil was taken from the earth, a glance at

a map of the railroads of the time will show: By rail and water

Cleveland commanded the entire Western market. It had two trunk lines

running to New York, both eager for oil traffic, and by Lake Erie and

the canal it had for a large part of the year a splendid cheap waterway.

Thus, at the opening of the oil business, Cleveland was destined by

geographical position to be a refining center.

Men saw it, and hastened to take advantage of the opportunity. There was

grave risk. The oil supply might not hold out. As yet there was no

certain market for refined oil. But a sure result was not what drew

people into the oil business in the early sixties. Fortune was running

fleet-footed across the country, and at her garment men clutched. They

loved the chase almost as they did success, and so many a man in

Cleveland tried his luck in an oil refinery, as hundreds on Oil Creek

were trying it in an oil lease. By 1865 there were thirty refineries in

the town, with a capital of about a million and a half dollars and a

daily capacity of some 2,000 barrels. The works multiplied rapidly. The

report of the Cleveland Board of Trade for 1866 gives the number of

plants at the end of that year as fifty, and it dilates eloquently on

the advantages of Cleveland as a refining point over even Pittsburg, to

that time supposed to be the natural centre for the business. If the

railroad and lake transportation men would but adopt as liberal a policy

toward the oil freights of Cleveland as the Pennsylvania Railroad was

adopting toward that of Pittsburg, aided by her natural advantages the

town was bound to become the greatest oil refining centre in the United

States. By 1868 the Board of Trade reported joyfully that Cleveland was

receiving within 300,000 barrels as much oil as Pittsburg. In 1869 she

surpassed all competitors. “Cleveland now claims the leading position

among the manufacturers of petroleum with a very reasonable prospect of

holding that rank for some time to come,” commented the Board of Trade

report. “Each year has seen greater consolidation of capital, greater

energy and success in prosecuting the business, and, notwithstanding

some disastrous fires, a stronger determination to establish an

immovable reputation for the quantity and quality of this most important

product. The total capital invested in this business is not less than

four millions of dollars and the total product of the year would not

fall short of fifteen millions.”

Among the many young men of Cleveland who, from the start, had an eye on

the oil-refining business and had begun to take an active part in its

development as soon as it was demonstrated that there was a reasonable

hope of its being permanent, was a young firm of produce commission

merchants. Both members of this firm were keen business men, and one of

them had remarkable commercial vision—a genius for seeing the

possibilities in material things. This man’s name was Rockefeller—John

D. Rockefeller. He was but twenty-three years old when he first went

into the oil business, but he had already got his feet firmly on the

business ladder, and had got them there by his own efforts. The habit of

driving good bargains and of saving money had started him. He himself

once told how he learned these lessons so useful in money-making, in one

of his frequent Sunday-school talks to young men on success in business.

The value of a good bargain he learned in buying cord-wood for his

father: “I knew what a cord of good solid beech and maple wood was. My

father told me to select only the solid wood and the straight wood and

not to put any limbs in it or any punky wood. That was a good training

for me. I did not need any father to tell me or anybody else how many

feet it took to make a cord of wood.”

And here is how he learned the value of investing money:

“Among the early experiences that were helpful to me that I recollect

with pleasure was one in working a few days for a neighbour in digging

potatoes—a very enterprising, thrifty farmer, who could dig a great many

potatoes. I was a boy of perhaps thirteen or fourteen years of age, and

it kept me very busy from morning until night. It was a ten-hour day.

And as I was saving these little sums I soon learned that I could get as

much interest for fifty dollars loaned at seven per cent.—the legal rate

in the state of New York at that time for a year—as I could earn by

digging potatoes for 100 days. The impression was gaining ground with me

that it was a good thing to let the money be my slave and not make

myself a slave to money.” Here we have the foundation principles of a

great financial career.

[Illustration:

JOHN D. ROCKEFELLER IN 1872

]

When young Rockefeller was thirteen years old, his father moved from the

farm in Central New York, where the boy had been born (July 8, 1839), to

a farm near Cleveland, Ohio. He went to school in Cleveland for three

years. In 1855 it became necessary for him to earn his own living. It

was a hard year in the West and the boy walked the streets for days

looking for work. He was about to give it up and go to the country when,

to quote the story as Mr. Rockefeller once told it to his Cleveland

Sunday-school, “As good fortune would have it I went down to the dock

and made one more application, and I was told that if I would come in

after dinner—our noon-day meal was dinner in those days—they would see

if I could come to work for them. I went down after dinner and I got the

position, and I was permitted to remain in the city.” The position, that

of a clerk and bookkeeper, was not lucrative. According to a small

ledger which has figured frequently in Mr. Rockefeller’s religious

instructions, he earned from September 26, 1855, to January, 1856, fifty

dollars. “Out of that,” Mr. Rockefeller told the young men of his

Sunday-school class, “I paid my washerwoman and the lady I boarded with,

and I saved a little money to put away.”

[Illustration:

Fragment of a page in the city directory of Cleveland, Ohio, for 1857.

This is the first year in which the name John D. Rockefeller appears

in the directory. The same entry is made in 1858. The next year,

1859, Mr. Rockefeller is entered as a member of the firm of Clark

and Rockefeller.

]

He proved an admirable accountant—one of the early-and-late sort, who

saw everything, forgot nothing and never talked. In 1856 his salary was

raised to twenty-five dollars a month, and he went on always “saving a

little money to put away.” In 1858 came a chance to invest his savings.

Among his acquaintances was a young Englishman, M. B. Clark. Older by

twelve years than Rockefeller he had left a hard life in England when he

was twenty to seek fortune in America. He had landed in Boston in 1847,

without a penny or a friend, and it had taken three months for him to

earn money to get to Ohio. Here he had taken the first job at hand, as

man-of-all-work, wood-chopper, teamster. He had found his way to

Cleveland, had become a valuable man in the houses where he was

employed, had gone to school at nights, had saved money. They were two

of a kind, Clark and Rockefeller, and in 1858 they pooled their earnings

and started a produce commission business on the Cleveland docks. The

venture succeeded. Local historians credit Clark and Rockefeller with

doing a business of $450,000 the first year. The war came on, and as

neither partner went to the front, they had full chance to take

advantage of the opportunity for produce business a great army gives. A

greater chance than furnishing army supplies, lucrative as most people

found that, was in the oil business (so Clark and Rockefeller began to

think), and in 1862, when an Englishman of ability and energy, one

Samuel Andrews, asked them to back him in starting a refinery, they put

in $4,000 and promised to give more if necessary. Now Andrews was a

mechanical genius. He devised new processes, made a better and better

quality of oil, got larger and larger percentages of refined from his

crude. The little refinery grew big, and Clark and Rockefeller soon had

$100,000 or more in it. In the meantime Cleveland was growing as a

refining centre. The business which in 1860 had been a gamble was by

1865 one most promising industries of the town. It was but the

beginning—so Mr. Rockefeller thought—and in that year he sold out his

share of the commission business and put his money into the oil firm of

Rockefeller and Andrews.

In the new firm Andrews attended to the manufacturing. The pushing of

the business, the buying and the selling, fell to Rockefeller. From the

start his effect was tremendous. He had the frugal man’s hatred of waste

and disorder, of middlemen and unnecessary manipulation, and he began a

vigorous elimination of these from his business. The residuum that other

refineries let run into the ground, he sold. Old iron found its way to

the junk shop. He bought his oil directly from the wells. He made his

own barrels. He watched and saved and contrived. The ability with which

he made the smallest bargain furnishes topics to Cleveland story-tellers

to-day. Low-voiced, soft-footed, humble, knowing every point in every

man’s business, he never tired until he got his wares at the lowest

possible figure. “John always got the best of the bargain,” old men tell

you in Cleveland to-day, and they wince though they laugh in telling it.

“Smooth,” “a _savy_ fellow,” is their description of him. To drive a

good bargain was the joy of his life. “The only time I ever saw John

Rockefeller enthusiastic,” a man told the writer once, “was when a

report came in from the creek that his buyer had secured a cargo of oil

at a figure much below the market price. He bounded from his chair with

a shout of joy, danced up and down, hugged me, threw up his hat, acted

so like a madman that I have never forgotten it.”

He could borrow as well as bargain. The firm’s capital was limited;

growing as they were, they often needed money, and had none. Borrow they

must. Rarely if ever did Mr. Rockefeller fail. There is a story handed

down in Cleveland from the days of Clark and Rockefeller, produce

merchants, which is illustrative of his methods. One day a well-known

and rich business man stepped into the office and asked for Mr.

Rockefeller. He was out, and Clark met the visitor. “Mr. Clark,” he

said, “you may tell Mr. Rockefeller, when he comes in, that I think I

can use the $10,000 he wants to invest with me for your firm. I have

thought it all over.”

“Good God!” cried Clark, “we don’t want to invest $10,000. John is out

right now trying to borrow $5,000 for us.”

It turned out that to prepare him for a proposition to borrow $5,000 Mr.

Rockefeller had told the gentleman that he and Clark wanted to invest

$10,000!

“And the joke of it is,” said Clark, who used to tell the story, “John

got the $5,000 even after I had let the cat out of the bag. Oh, he was

the greatest borrower you ever saw!”

These qualities told. The firm grew as rapidly as the oil business of

the town, and started a second refinery—William A. Rockefeller and

Company. They took in a partner, H. M. Flagler, and opened a house in

New York for selling oil. Of all these concerns John D. Rockefeller was

the head. Finally, in June, 1870, five years after he became an active

partner in the refining business, Mr. Rockefeller combined all his

companies into one—the Standard Oil Company. The capital of the new

concern was $1,000,000. The parties interested in it were John D.

Rockefeller, Henry M. Flagler, Samuel Andrews, Stephen V. Harkness, and

William Rockefeller.[5]

[Illustration:

Map of Northwestern Pennsylvania, showing the relation of the Oil

Regions to the railroads in 1859, when oil was “discovered.”

]

The strides the firm of Rockefeller and Andrews made after the former

went into it were attributed for three or four years mainly to his

extraordinary capacity for bargaining and borrowing. Then its chief

competitors began to suspect something. John Rockefeller might get his

oil cheaper now and then, they said, but he could not do it often. He

might make close contracts for which they had neither the patience nor

the stomach. He might have an unusual mechanical and practical genius in

his partner. But these things could not explain all. They believed they

bought, on the whole, almost as cheaply as he, and they knew they made

as good oil and with as great, or nearly as great, economy. He could

sell at no better price than they. Where was his advantage? There was

but one place where it could be, and that was in transportation. He must

be getting better rates from the railroads than they were. In 1868 or

1869 a member of a rival firm long in the business, which had been

prosperous from the start, and which prided itself on its methods, its

economy and its energy, Alexander, Scofield and Company, went to the

Atlantic and Great Western road, then under the Erie management, and

complained. “You are giving others better rates than you are us,” said

Mr. Alexander, the representative of the firm. “We cannot compete if you

do that.” The railroad agent did not attempt to deny it—he simply agreed

to give Mr. Alexander a rebate also. The arrangement was interesting.

Mr. Alexander was to pay the open, or regular, rate on oil from the Oil

Regions to Cleveland, which was then forty cents a barrel. At the end of

each month he was to send to the railroad vouchers for the amount of oil

shipped and paid for at forty cents, and was to get back from the

railroad, in money, fifteen cents on each barrel. This concession

applied only to oil brought from the wells. He was never able to get a

rebate on oil shipped eastward.[6] According to Mr. Alexander, the

Atlantic and Great Western gave the rebates on oil from the Oil Regions

to Cleveland up to 1871 and the system was then discontinued. Late in

1871, however, the firm for the first time got a rebate on the Lake

Shore road on oil brought from the field.

Another Cleveland man, W. H. Doane, engaged in shipping crude oil, began

to suspect about the same time as Mr. Alexander that the Standard was

receiving rebates. Now Mr. Doane had always been opposed to the

“drawback business,” but it was impossible for him to supply his

customers with crude oil at as low a rate as the Standard paid if it

received a rebate and he did not, and when it was first generally

rumoured in Cleveland that the railroads were favouring Mr. Rockefeller

he went to see the agent of the road. “I told him I did not want any

drawback, unless others were getting it; I wanted it if they were

getting it, and he gave me at that time ten cents drawback.” This

arrangement Mr. Doane said had lasted but a short time. At the date he

was speaking—the spring of 1872—he had had no drawback for two years.

A still more important bit of testimony as to the time when rebates

first began to be given to the Cleveland refiners and as to who first

got them and why, is contained in an affidavit made in 1880 by the very

man who made the discrimination.[7] This man was General J. H. Devereux,

who in 1868 succeeded Amasa Stone as vice-president of the Lake Shore

Railroad. General Devereux said that his experience with the oil traffic

had begun with his connection with the Lake Shore; that the only written

memoranda concerning oil which he found in his office on entering his

new position was a book in which it was stated that the representatives

of the twenty-five oil-refining firms in Cleveland had agreed to pay a

cent a gallon on crude oil removed from the Oil Regions. General

Devereux says that he soon found there was a deal of trouble in store

for him over oil freight. The competition between the twenty-five firms

was close, the Pennsylvania was “claiming a patent right” on the

transportation of oil and was putting forth every effort to make

Pittsburg and Philadelphia the chief refining centres. Oil Creek was

boasting that it was going to be the future refining point for the

world. All of this looked bad for what General Devereux speaks of as the

“then very limited refining capacity of Cleveland.” This remark shows

how new he was to the business, for, as we have already seen, Cleveland

in 1868 had anything but a limited refining capacity. Between three and

four million dollars were invested in oil refineries, and the town was

receiving within 35,000 barrels of as much oil as New York City, and

within 300,000 as much as Pittsburg, and it was boasting that the next

year it would outstrip these competitors, which, as a matter of fact, it

did.

The natural point for General Devereux to consider, of course, was

whether he could meet the rates the Pennsylvania were giving and

increase the oil freight for the Lake Shore. The road had a branch

running to Franklin, Pennsylvania, within a few miles of Oil City. This

he completed, and then, as he says in his affidavit, “a sharper contest

than ever was produced growing out of the opposition of the Pennsylvania

Railroad in competition. Such rates and arrangements were made by the

Pennsylvania Railroad that it was publicly proclaimed in the public

print in Oil City, Titusville and other places that Cleveland was to be

wiped out as a refining centre as with a sponge.” General Devereux goes

on to say that all the refiners of the town, without exception, came to

him in alarm, and expressed their fears that they would have either to

abandon their business there or move to Titusville or other points in

the Oil Regions; that the only exception to this decision was that

offered by Rockefeller, Andrews and Flagler, who, on his assurance that

the Lake Shore Railroad could and would handle oil as cheaply as the

Pennsylvania Company, proposed to stand their ground at Cleveland and

fight it out on that line. And so General Devereux gave the Standard the

rebate on the rate which Amasa Stone had made with all the refiners. Why

he should not have quieted the fears of the twenty-four or twenty-five

other refiners by lowering their rate, too, does not appear in the

affidavit. At all events the rebate had come, and, as we have seen, it

soon was suspected and others went after it, and in some cases got it.

But the rebate seems to have been granted generally only on oil brought

from the Oil Regions. Mr. Alexander claims he was never able to get his

rate lowered on his Eastern shipments. The railroad took the position

with him that if he could ship as much oil as the Standard he could have

as low a rate, but not otherwise. Now in 1870 the Standard Oil Company

had a daily capacity of about 1,500 barrels of crude. The refinery was

the largest in the town, though it had some close competitors.

Nevertheless on the strength of its large capacity it received the

special favour. It was a plausible way to get around the theory

generally held then, as now, though not so definitely crystallised into

law, that the railroad being a common carrier had no right to

discriminate between its patrons. It remained to be seen whether the

practice would be accepted by Mr. Rockefeller’s competitors without a

contest, or, if contested, would be supported by the law.

What the Standard’s rebate on Eastern shipments was in 1870 it is

impossible to say. Mr. Alexander says he was never able to get a rate

lower than $1.33 a barrel by rail, and that it was commonly believed in

Cleveland that the Standard had a rate of ninety cents. Mr. Flagler,

however, the only member of the firm who has been examined under oath on

that point, showed, by presenting the contract of the Standard Oil

Company with the Lake Shore road in 1870, that the rates varied during

the year from $1.40 to $1.20 and $1.60, according to the season. When

Mr. Flagler was asked if there was no drawback or rebate on this rate he

answered, “None whatever.”

It would seem from the above as if the one man in the Cleveland oil

trade in 1870 who ought to have been satisfied was Mr. Rockefeller. His

was the largest firm in the largest refining centre of the country; that

is, of the 10,000 to 12,000 daily capacity divided among the twenty-five

or twenty-six refiners of Cleveland he controlled 1,500 barrels. Not

only was Cleveland the largest refining centre in the country, it was

gaining rapidly, for where in 1868 it shipped 776,356 barrels of refined

oil, in 1869 it shipped 923,933, in 1870 1,459,500, and in 1871

1,640,499.[8] Not only did Mr. Rockefeller control the largest firm in

this most prosperous centre of a prosperous business, he controlled one

of amazing efficiency. The combination, in 1870, of the various

companies with which he was connected had brought together a group of

remarkable men. Samuel Andrews, by all accounts, was the ablest

mechanical superintendent in Cleveland. William Rockefeller, the brother

of John D. Rockefeller, was not only an energetic and intelligent

business man, he was a man whom people liked. He was open-hearted,

jolly, a good story-teller, a man who knew and liked a good horse—not

too pious, as some of John’s business associates thought him, not a man

to suspect or fear, as many a man did John. Old oil men will tell you on

the creek to-day how much they liked him in the days when he used to

come to Oil City buying oil for the Cleveland firm. The personal quality

of William Rockefeller was, and always has been, a strong asset of the

Standard Oil Company. Probably the strongest man in the firm after John

D. Rockefeller was Henry M. Flagler. He was, like the others, a young

man, and one who, like the head of the firm, had the passion for money,

and in a hard self-supporting experience, begun when but a boy, had

learned, as well as his chief, some of the principles of making it. He

was untiring in his efforts to increase the business, quick to see an

advantage, as quick to take it. He had no scruples to make him hesitate

over the ethical quality of a contract which was advantageous. Success,

that is, making money, was its own justification. He was not a secretive

man, like John D. Rockefeller, not a dreamer, but he could keep his

mouth shut when necessary and he knew the worth of a financial dream

when it was laid before him. It must have been evident to every business

man who came in contact with the young Standard Oil Company that it

would go far. The firm itself must have known it would go far. Indeed

nothing could have stopped the Standard Oil Company in 1870—the oil

business being what it was—but an entire change in the nature of the

members of the firm, and they were not the kind of material which

changes.

With such a set of associates, with his organisation complete from his

buyers on the creek to his exporting agent in New York, with the

transportation advantages which none of his competitors had had the

daring or the persuasive power to get, certainly Mr. Rockefeller should

have been satisfied in 1870. But Mr. Rockefeller was far from satisfied.

He was a brooding, cautious, secretive man, seeing all the possible

dangers as well as all the possible opportunities in things, and he

studied, as a player at chess, all the possible combinations which might

imperil his supremacy. These twenty-five Cleveland rivals of his—how

could he at once and forever put them out of the game? He and his

partners had somehow conceived a great idea—the advantages of

combination. What might they not do if they could buy out and absorb the

big refineries now competing with them in Cleveland? The possibilities

of the idea grew as they discussed it. Finally they began tentatively to

sound some of their rivals. But there were other rivals than these at

home. There were the creek refiners! They were there at the mouth of the

wells. What might not this geographical advantage do in time? Refining

was going on there on an increasing scale; the capacity of the Oil

Regions had indeed risen to nearly 10,000 barrels a day—equal to that of

New York, exceeding that of Pittsburg by nearly 4,000 barrels, and

almost equalling that of Cleveland. The men of the oil country loudly

declared that they meant to refine for the world. They boasted of an oil

kingdom which eventually should handle the entire business and compel

Cleveland and Pittsburg either to abandon their works or bring them to

the oil country. In this boastful ambition they were encouraged

particularly by the Pennsylvania Railroad, which naturally handled the

largest percentage of the oil. How long could the Standard Oil Company

stand against this competition?

There was another interest as deeply concerned as Mr. Rockefeller in

preserving Cleveland’s supremacy as a refining centre, and this was the

Lake Shore and New York Central Railroads. Let the bulk of refining be

done in the Oil Regions and these roads were in danger of losing a

profitable branch of business. This situation in regard to the oil

traffic was really more serious now than in 1868 when General Devereux

had first given the Standard a rebate. Then it was that the

Pennsylvania, through its lusty ally the Empire Transportation Company,

was making the chief fight to secure a “patent right on oil

transportation.” The Erie was now becoming as aggressive a competitor.

Gould and Fisk had gone into the fight with the vigour and the utter

unscrupulousness which characterised all their dealings. They were

allying themselves with the Pennsylvania Transportation Company, the

only large rival pipe-line system which the Empire had. They were

putting up a refinery near Jersey City, and they were taking advantage

shrewdly of all the speculative features of the new business.

As competition grew between the roads, they grew more reckless in

granting rebates, the refiners more insistent in demanding them. By 1871

things had come to such a pass in the business that every refiner

suspected his neighbour to be getting better rates than he. The result

was that the freight agents were constantly beset for rebates, and that

the large shippers were generally getting them on the ground of the

quantity of oil they controlled. Indeed it was evident that the rebate

being admitted, the only way in which it could be adjusted with a show

of fairness was to grade it according to the size of the shipment.

[Illustration:

W. G. WARDEN

Secretary of the South Improvement Company.

]

[Illustration:

PETER H. WATSON

President of the South Improvement Company.

]

[Illustration:

CHARLES LOCKHART

A member of the South Improvement Company, and later of the Standard

Oil Company. At his death in 1904 the oldest living oil operator.

]

[Illustration:

HENRY M. FLAGLER IN 1882

Active partner of John D. Rockefeller in the oil business since 1867.

Officer of the Standard Oil Company since its organization in 1870.

]

Under these conditions of competition it was certain that the New York

Central system must work if it was to keep its great oil freight, and

the general freight agent of the Lake Shore road began to give the

question special attention. This man was Peter H. Watson. Mr. Watson was

an able patent lawyer who served under the strenuous Stanton as an

Assistant-Secretary of War, and served well. After the war he had been

made general freight agent of the Lake Shore and Michigan Southern

Railroad, and later president of the branch of that road which ran into

the Oil Regions. He had oil interests principally at Franklin,

Pennsylvania, and was well known to all oil men. He was a business

intimate of Mr. Rockefeller and a warm friend of Horace F. Clark, the

son-in-law of W. H. Vanderbilt, at that time president of the Lake Shore

and Michigan Southern Railroad. As the Standard Oil Company was the

largest shipper in Cleveland and had already received the special favour

from the Lake Shore which General Devereux describes, it was natural

that Mr. Watson should consult frequently with Mr. Rockefeller on the

question of holding and increasing his oil freight. It was equally

natural, too, that Mr. Rockefeller should use his influence with Mr.

Watson to strengthen the theory so important to his rapid growth—the

theory that the biggest shipper should have the best rate.

Two other towns shared Cleveland’s fear of the rise of the Oil Regions

as a refining centre, and they were Pittsburg and Philadelphia, and Mr.

Rockefeller and Mr. Watson found in certain refiners of these places a

strong sympathy with any plan which looked to holding the region in

check. But while the menace in their geographical positions was the

first ground of sympathy between these gentlemen, something more than

local troubles occupied them. This was the condition of the refining

business as a whole. It was unsatisfactory in many particulars. First,

it was overdone. The great profits on refined oil and the growing demand

for it had naturally caused a great number to rush into its manufacture.

There was at this time a refining capacity of three barrels to every one

produced. To be sure, few if any of these plants expected to run the

year around. Then, as to-day, there were nearly always some stills in

even the most prosperous works shut down. But after making a fair

allowance for this fact there was still a much larger amount of refining

actually done than the market demanded. The result was that the price of

refined oil was steadily falling. Where Mr. Rockefeller had received on

an average 58¾ cents a gallon for the oil he exported in 1865, the year

he went into business, in 1870 he received but 26⅜ cents. In 1865 he had

a margin of forty-three cents, out of which to pay for transportation,

manufacturing, barrelling and marketing and to make his profits. In 1870

he had but 17⅛ cents with which to do all this. To be sure his expenses

had fallen enormously between 1865 and 1870, but so had his profits. The

multiplication of refiners with the intense competition threatened to

cut them down still lower. Naturally Mr. Rockefeller and his friends

looked with dismay on this lowering of profits through gaining

competition.

Another anxiety of the American refiners was the condition of the export

trade. Oil had risen to fourth place in the exports of the United States

in the twelve years since its discovery, and every year larger

quantities were consumed abroad, but it was crude oil, not refined,

which the foreigners were beginning to demand; that is, they had found

they could import crude, refine it at home, and sell it cheaper than

they could buy American refined. France, to encourage her home

refineries, had even put a tax on American refined.

In the fall of 1871, while Mr. Rockefeller and his friends were occupied

with all these questions, certain Pennsylvania refiners, it is not too

certain who, brought to them a remarkable scheme, the gist of which was

to bring together secretly a large enough body of refiners and shippers

to persuade all the railroads handling oil to give to the company formed

special rebates on its oil, and drawbacks on that of other people. If

they could get such rates it was evident that those outside of their

combination could not compete with them long and that they would become

eventually the only refiners. They could then limit their output to

actual demand, and so keep up prices. This done, they could easily

persuade the railroads to transport no crude for exportation, so that

the foreigners would be forced to buy American refined. They believed

that the price of oil thus exported could easily be advanced fifty per

cent. The control of the refining interests would also enable them to

fix their own price on crude. As they would be the only buyers and

sellers, the speculative character of the business would be done away

with. In short, the scheme they worked out put the entire oil business

in their hands. It looked as simple to put into operation as it was

dazzling in its results. Mr. Flagler has sworn that neither he nor Mr.

Rockefeller believed in this scheme.[9] But when they found that their

friend Peter H. Watson, and various Philadelphia and Pittsburg parties

who felt as they did about the oil business, believed in it, they went

in and began at once to work up a company—secretly. It was evident that

a scheme which aimed at concentrating in the hands of one company the

business now operated by scores, and which proposed to effect this

consolidation through a practice of the railroads which was contrary to

the spirit of their charters, although freely indulged in, must be

worked with fine discretion if it ever were to be effective.

The first thing was to get a charter—quietly. At a meeting held in

Philadelphia late in the fall of 1871 a friend of one of the gentlemen

interested mentioned to him that a certain estate then in liquidation

had a charter for sale which gave its owners the right to carry on any

kind of business in any country and in any way; that it could be bought

for what it would cost to get a charter under the general laws of the

state, and that it would be a favour to the heirs to buy it. The

opportunity was promptly taken. The name of the charter bought was the

“South (often written Southern) Improvement Company.” For a beginning it

was as good a name as another, since it said nothing.

With this charter in hand Mr. Rockefeller and Mr. Watson and their

associates began to seek converts. In order that their great scheme

might not be injured by premature public discussion they asked of each

person whom they approached a pledge of secrecy. Two forms of the

pledges required before anything was revealed were published later. The

first of these, which appeared in the New York Tribune, read as follows:

I, A. B., do faithfully promise upon my honour and faith as a

gentleman that I will keep secret all transactions which I may have

with the corporation known as the South Improvement Company; that,

should I fail to complete any bargains with the said company, all

the preliminary conversations shall be kept strictly private; and,

finally, that I will not disclose the price for which I dispose of

my product, or any other facts which may in any way bring to light

the internal workings or organisation of the company. All this I do

freely promise.

Signed..............................

Witnessed by..............................

A second, published in a history of the “Southern Improvement Company,”

ran:

The undersigned pledge their solemn words of honour that they will

not communicate to any one without permission of Z (name of director

of Southern Improvement Company) any information that he may convey

to them, or any of them, in relation to the Southern Improvement

Company.

Witness..............................

That the promoters met with encouragement is evident from the fact that,

when the corporators came together on January 2, 1872, in Philadelphia,

for the first time under their charter, and transferred the company to

the stockholders, they claimed to represent in one way or another a

large part of the refining interest of the country. At this meeting

1,100 shares of the stock of the company, which was divided into 2,000

$100 shares, were subscribed for, and twenty per cent. of their value

was paid in. Just who took stock at this meeting the writer has not been

able to discover. At the same time a discussion came up as to what

refiners were to be allowed to go into the new company. Each of the men

represented had friends whom he wanted taken care of, and after

considerable discussion it was decided to take in every refinery they

could get hold of. This decision was largely due to the railroad men.

Mr. Watson had seen them as soon as the plans for the company were

formed, and they had all agreed that if they gave the rebates and

drawbacks all refineries then existing must be taken in upon the same

level. That is, while the incorporators had intended to kill off all but

themselves and their friends, the railroads refused to go into a scheme

which was going to put anybody out of business—the plan if they went

into it must cover the refining trade as it stood. It was enough that it

could prevent any one in the future going into the business.

Very soon after this meeting of January 2 the rest of the stock of the

South Improvement Company was taken. The complete list of stockholders,

with their holdings, was as follows:

William Frew, Philadelphia 10 shares

W. P. Logan, Philadelphia 10 〃

John P. Logan, Philadelphia 10 〃

Charles Lockhart, Pittsburg 10 〃

Richard S. Waring, Pittsburg 10 〃

W. G. Warden, Philadelphia 475 〃

O. F. Waring, Pittsburg 475 〃

P. H. Watson, Ashtabula, Ohio 100 〃

H. M. Flagler, Cleveland 180 〃

O. H. Payne, Cleveland 180 〃

William Rockefeller, Cleveland 180 〃

J. A. Bostwick, New York 180 〃

John D. Rockefeller, Cleveland[10] 180 〃

—————

2,000 shares

Mr. Watson was elected president and W. G. Warden of Philadelphia

secretary of the new association. It will be noticed that the largest

individual holdings in the company were those of W. G. Warden and O. F.

Waring, each of whom had 475 shares. The company most heavily interested

in the South Improvement Company was the Standard Oil of Cleveland, J.

D. Rockefeller, William Rockefeller and H. M. Flagler, all stockholders

of that company, each having 180 shares—540 in the company. O. H. Payne

and J. A. Bostwick, who soon after became stockholders in the Standard

Oil Company, also had each 180 shares, giving Mr. Rockefeller and his

associates 900 shares in all.

It has frequently been stated that the South Improvement Company

represented the bulk of the oil-refining interests in the country. The

incorporators of the company in approaching the railroads assured them

that this was so. As a matter of fact, however, the thirteen gentlemen

above named, who were the only ones ever holding stock in the concern,

did not control over one-tenth of the refining business of the United

States in 1872. That business in the aggregate amounted to a daily

capacity of about 45,000 barrels—from 45,000 to 50,000, Mr. Warden put

it—and the stockholders of the South Improvement Company owned a

combined capacity of not over 4,600 barrels. In assuring the railroads

that they controlled the business, they were dealing with their hopes

rather than with facts.

The organisation complete, there remained contracts to be made with the

railroads. Three systems were to be interested: The Central, which, by

its connection with the Lake Shore and Michigan Southern, ran directly

into the Oil Regions; the Erie, allied with the Atlantic and Great

Western, with a short line likewise tapping the heart of the region; and

the Pennsylvania, with the connections known as the Allegheny Valley and

Oil Creek Railroad. The persons to be won over were: W. H. Vanderbilt,

of the Central; H. F. Clark, president of the Lake Shore and Michigan

Southern; Jay Gould, of the Erie; General G. B. McClellan, president of

the Atlantic and Great Western; and Tom Scott, of the Pennsylvania.

There seems to have been little difficulty in persuading any of these

persons to go into the scheme after they had been assured by the leaders

that all of the refiners were to be taken in. This was a verbal

condition, however, not found in the contracts they signed. This

important fact Mr. Warden himself made clear when three months later he

was on the witness stand before a committee of Congress appointed to

look into the great scheme. “We had considerable discussion with the

railroads,” Mr. Warden said, “in regard to the matter of rebate on their

charges for freight; they did not want to give us a rebate unless it was

with the understanding that all the refineries should be brought into

the arrangement and placed upon the same level.”

_Q._ You say you made propositions to railroad companies, which they

agreed to accept upon the condition that you could include all the

refineries?

_A._ No, sir; I did not say that; I said that was the understanding

when we discussed this matter with them; it was no proposition on

our part; they discussed it, not in the form of a proposition that

the refineries should be all taken in, but it was the intention and

resolution of the company from the first that that should be the

result; we never had any other purpose in the matter.

_Q._ In case you could take the refineries all in, the railroads

proposed to give you a rebate upon their freight charges?

_A._ No, sir; it was not put in that form; we were to put the

refineries all in upon the same terms; it was the understanding with

the railroad companies that we were to have a rebate; there was no

rebate given in consideration of our putting the companies all in,

but we told them we would do it; the contract with the railroad

companies was with us.

_Q._ But if you did form a company composed of the proprietors of

all these refineries, you were to have a rebate upon your freight

charges?

_A._ No; we were to have a rebate anyhow, but were to give all the

refineries the privilege of coming in.

_Q._ You were to have the rebate whether they came in or not?

_A._ Yes, sir.

* * *

“What effect were these arrangements to have upon those who did not

come into the combination...?” asked the chairman.

“I do not think we ever took that question up,” answered Mr. Warden.

A second objection to making a contract with the company came from Mr.

Scott of the Pennsylvania road and Mr. Potts of the Empire

Transportation Company. The substance of this objection was that the

plan took no account of the oil producer—the man to whom the world owed

the business. Mr. Scott was strong in his assertion that they could

never succeed unless they took care of the producers. Mr. Warden

objected strongly to forming a combination with them. “The interests of

the producers were in one sense antagonistic to ours: one as the seller

and the other as the buyer. We held in argument that the producers were

abundantly able to take care of their own branch of the business if they

took care of the quantity produced.” So strongly did Mr. Scott argue,

however, that finally the members of the South Improvement Company

yielded, and a draft of an agreement, to be proposed to the producers,

was drawn up in lead pencil; it was never presented. It seems to have

been used principally to quiet Mr. Scott.

[Illustration:

THOMAS A. SCOTT

The contract of the South Improvement Company with the Pennsylvania

Railroad was signed by Mr. Scott, then vice-president of the road.

]

[Illustration:

JAY GOULD

President of the Erie Railroad in 1872. Signer of the contract with

the South Improvement Company.

]

[Illustration:

WILLIAM H. VANDERBILT

The contract of the South Improvement Company with the New York

Central was signed by Mr. Vanderbilt, then vice-president of the

road.

]

[Illustration:

COMMODORE CORNELIUS VANDERBILT

President of the New York Central Railroad when the contract with the

South Improvement Company was signed.

]

The work of persuasion went on swiftly. By the 18th of January the

president of the Pennsylvania road, J. Edgar Thompson, had put his

signature to the contract, and soon after Mr. Vanderbilt and Mr. Clark

signed for the Central system, and Jay Gould and General McClellan for

the Erie. The contracts to which these gentlemen put their names fixed

gross rates of freight from all _common points_, as the leading shipping

points within the Oil Regions were called, to all the great refining and

shipping centres—New York, Philadelphia, Baltimore, Pittsburg and

Cleveland. For example, the open rate on crude to New York was put at

$2.56. On this price the South Improvement Company was allowed a rebate

of $1.06 for its shipments; but it got not only this rebate, it was

given in cash a like amount on each barrel of crude shipped by parties

outside the combination.

The open rate from Cleveland to New York was two dollars, and fifty

cents of this was turned over to the South Improvement Company, which at

the same time received a rebate enabling it to ship for $1.50. Again, an

independent refiner in Cleveland paid eighty cents a barrel to get his

crude from the Oil Regions to his works, and the railroad sent forty

cents of this money to the South Improvement Company. At the same time

it cost the Cleveland refiner in the combination but forty cents to get

his crude oil. Like drawbacks and rebates were given for all

points—Pittsburg, Philadelphia, Boston and Baltimore.

An interesting provision in the contracts was that full way-bills of all

petroleum shipped over the roads should each day be sent to the South

Improvement Company. This, of course, gave them knowledge of just who

was doing business outside of their company—of how much business he was

doing, and with whom he was doing it. Not only were they to have full

knowledge of the business of all shippers—they were to have access to

all books of the railroads.

The parties to the contracts agreed that if anybody appeared in the

business offering an equal amount of transportation, and having equal

facilities for doing business with the South Improvement Company, the

railroads might give them equal advantages in drawbacks and rebates, but

to make such a miscarriage of the scheme doubly improbable each railroad

was bound to co-operate as “far as it legally might to maintain the

business of the South Improvement Company against injury by competition,

and lower or raise the gross rates of transportation for such times and

to such extent as might be necessary to overcome the competition. The

rebates and drawbacks to be varied _pari passu_ with the gross

rates.”[11]

The reason given by the railroads in the contract for granting these

extraordinary privileges was that the “magnitude and extent of the

business and operations” purposed to be carried on by the South

Improvement Company would greatly promote the interest of the railroads

and make it desirable for them to encourage their undertaking. The

evident advantages received by the railroad were a regular amount of

freight,—the Pennsylvania was to have forty-five per cent. of the

East-bound shipments, the Erie and Central each 27½ per cent., while

West-bound freight was to be divided equally between them—fixed rates,

and freedom from the system of cutting which they had all found so

harassing and disastrous. That is, the South Improvement Company, which

was to include the entire refining capacity of the company, was to act

as the evener of the oil business.[12]

It was on the second of January, 1872, that the organisation of the

South Improvement Company was completed. The day before the Standard Oil

Company of Cleveland increased its capital from $1,000,000 to

$2,500,000, “all the stockholders of the company being present and

voting therefor.”[13] These stockholders were greater by five than in

1870, the names of O. B. Jennings, Benjamin Brewster, Truman P. Handy,

Amasa Stone, and Stillman Witt having been added. The last three were

officers and stockholders in one or more of the railroads centring in

Cleveland. Three weeks after this increase of capital Mr. Rockefeller

had the charter and contracts of the South Improvement Company in hand,

and was ready to see what they would do in helping him carry out his

idea of wholesale combination in Cleveland. There were at that time some

twenty-six refineries in the town—some of them very large plants. All of

them were feeling more or less the discouraging effects of the last

three or four years of railroad discriminations in favour of the

Standard Oil Company. To the owners of these refineries Mr. Rockefeller

now went one by one, and explained the South Improvement Company. “You

see,” he told them, “this scheme is bound to work. It means an absolute

control by us of the oil business. There is no chance for anyone

outside. But we are going to give everybody a chance to come in. You are

to turn over your refinery to my appraisers, and I will give you

Standard Oil Company stock or cash, as you prefer, for the value we put

upon it. I advise you to take the stock. It will be for your good.”

Certain refiners objected. They did not want to sell. They did want to

keep and manage their business. Mr. Rockefeller was regretful, but firm.

It was useless to resist, he told the hesitating; they would certainly

be crushed if they did not accept his offer, and he pointed out in

detail, and with gentleness, how beneficent the scheme really

was—preventing the creek refiners from destroying Cleveland, ending

competition, keeping up the price of refined oil, and eliminating

speculation. Really a wonderful contrivance for the good of the oil

business.

That such was Mr. Rockefeller’s argument is proved by abundant testimony

from different individuals who succumbed to the pressure. Mr.

Rockefeller’s own brother, Frank Rockefeller, gave most definite

evidence on this point in 1876 when he and others were trying to

interest Congress in a law regulating interstate commerce.

“We had in Cleveland at one time about thirty establishments, but the

South Improvement Company was formed, and the Cleveland companies were

told that if they didn’t sell their property to them it would be

valueless, that there was a combination of railroad and oil men, that

they would buy all they could, and that all they didn’t buy would be

totally valueless, because they would be unable to compete with the

South Improvement Company, and the result was that out of thirty there

were only four or five that didn’t sell.”

“From whom was that information received?” asked the examiner.

“From the officers of the Standard Oil Company. They made no bones about

it at all. They said: ‘If you don’t sell your property to us it will be

valueless, because we have got advantages with the railroads.’”

“Have you heard those gentlemen say what you have stated?” Frank

Rockefeller was asked.

“I have heard Rockefeller and Flagler say so,” he answered.

W. H. Doane, whose evidence on the first rebates granted to the

Cleveland trade we have already quoted, told the Congressional committee

which a few months after Mr. Rockefeller’s great coup tried to find out

what had happened in Cleveland: “The refineries are all bought up by the

Standard Oil works; they were forced to sell; the railroads had put up

the rates and it scared them. Men came to me and told me they could not

continue their business; they became frightened and disposed of their

property.” Mr. Doane’s own business, that of a crude oil shipper, was

entirely ruined, all of his customers but one having sold.

To this same committee Mr. Alexander, of Alexander, Scofield and

Company, gave his reason for selling:

“There was a pressure brought to bear upon my mind, and upon almost

all citizens of Cleveland engaged in the oil business, to the effect

that unless we went into the South Improvement Company we were

virtually killed as refiners; that if we did not sell out we should

be crushed out. My partner, Mr. Hewitt, had some negotiations with

parties connected with the South Improvement Company, and they gave

us to understand, at least my partner so represented to me, that we

should be crushed out if we did not go into that arrangement. He

wanted me to see the parties myself; but I said to him that I would

not have any dealings with certain parties who were in that company

for any purpose, and I never did. We sold at a sacrifice, and we

were obliged to. There was only one buyer in the market, and we had

to sell on their terms or be crushed out, as it was represented to

us. It was stated that they had a contract with railroads by which

they could run us into the ground if they pleased. After learning

what the arrangements were I felt as if, rather than fight such a

monopoly, I would withdraw from the business, even at a sacrifice. I

think we received about forty or forty-five cents on the dollar on

the valuation which we placed upon our refinery. We had spent over

$50,000 on our works during the past year, which was nearly all that

we received. We had paid out $60,000 or $70,000 before that; we

considered our works at their cash value worth seventy-five per

cent. of their cost. According to our valuation our establishment

was worth $150,000, and we sold it for about $65,000, which was

about forty or forty-five per cent. of its value. We sold to one of

the members, as I suppose, of the South Improvement Company, Mr.

Rockefeller; he is a director in that company; it was sold in name

to the Standard Oil Company, of Cleveland, but the arrangements

were, as I understand it, that they were to put it into the South

Improvement Company. I am stating what my partner told me; he did

all the business; his statement was that all these works were to be

merged into the South Improvement Company. I never talked with any

members of the South Improvement Company myself on the subject; I

declined to have anything to do with them.”

Mr. Hewitt, the partner who Mr. Alexander says carried on the

negotiations for the sale of the business, appeared before an

investigating committee of the New York State Senate in 1879 and gave

his recollections of what happened. According to his story the entire

oil trade in Cleveland became paralysed when it became known that the

South Improvement Company had “grappled the entire transportation of oil

from the West to the seaboard.” Mr. Hewitt went to see the freight

agents of the various roads; he called on W. H. Vanderbilt, but from no

one did he get any encouragement. Then he saw Peter H. Watson of the

Lake Shore Railroad, the president of the company which was frightening

the trade. “Watson was non-committal,” said Mr. Hewitt. “I got no

satisfaction except, ‘You better sell—you better get clear—better sell

out—no help for it.’” After a little time Mr. Hewitt concluded with his

partners that there was indeed “no help for it,” and he went to see Mr.

Rockefeller, who offered him fifty cents on the dollar on the

constructive account. The offer was accepted. There was nothing else to

do, the firm seems to have concluded. When they came to transfer the

property Mr. Rockefeller urged Mr. Hewitt to take stock in the new

concern. “He told me,” said Mr. Hewitt, “that it would be sufficient to

take care of my family for all time, what I represented there, and

asking for a reason, he made this expression, I remember: ‘_I have ways

of making money that you know nothing of_.’”

A few of the refiners contested before surrendering. Among these was

Robert Hanna, an uncle of Mark Hanna, of the firm of Hanna, Baslington

and Company. Mr. Hanna had been refining since July, 1869. According to

his own sworn statement he had made money, fully sixty per cent. on his

investment the first year, and after that thirty per cent. Some time in

February, 1872, the Standard Oil Company asked an interview with him and

his associates. They wanted to buy his works, they said. “But we don’t

want to sell,” objected Mr. Hanna. “You can never make any more money,

in my judgment,” said Mr. Rockefeller. “You can’t compete with the

Standard. We have all the large refineries now. If you refuse to sell,

it will end in your being crushed.” Hanna and Baslington were not

satisfied. They went to see Mr. Watson, president of the South

Improvement Company and an officer of the Lake Shore, and General

Devereux, manager of the Lake Shore road. They were told that the

Standard had special rates; that it was useless to try to compete with

them. General Devereux explained to the gentlemen that the privileges

granted the Standard were the legitimate and necessary advantage of the

larger shipper over the smaller, and that if Hanna, Baslington and

Company could give the road as large a quantity of oil as the Standard

did, with the same regularity, they could have the same rate. General

Devereux says they “recognised the propriety” of his excuse. They

certainly recognised its authority. They say that they were satisfied

they could no longer get rates to and from Cleveland which would enable

them to live, and “reluctantly” sold out. It must have been reluctantly,

for they had paid $75,000 for their works, and had made thirty per cent.

a year on an average on their investment, and the Standard appraiser

allowed them $45,000. “Truly and really less than one-half of what they

were absolutely worth, with a fair and honest competition in the lines

of transportation,” said Mr. Hanna, eight years later, in an

affidavit.[14]

Under the combined threat and persuasion of the Standard, armed with the

South Improvement Company scheme, almost the entire independent oil

interest of Cleveland collapsed in three months’ time. Of the twenty-six

refineries, at least twenty-one sold out. From a capacity of probably

not over 1,500 barrels of crude a day, the Standard Oil Company rose in

three months’ time to one of 10,000 barrels. By this manœuvre it became

master of over one-fifth of the refining capacity of the United

States.[15] Its next individual competitor was Sone and Fleming, of New

York, whose capacity was 1,700 barrels. The Standard had a greater

capacity than the entire Oil Creek Regions, greater than the combined

New York refiners. The transaction by which it acquired this power was

so stealthy that not even the best informed newspaper men of Cleveland

knew what went on. It had all been accomplished in accordance with one

of Mr. Rockefeller’s chief business principles—“Silence is golden.”

While Mr. Rockefeller was working out the “good of the oil business” in

Cleveland, his associates were busy at other points. Charles Lockhart in

Pittsburg and W. G. Warden in Philadelphia were particularly active,

though neither of them accomplished any such sweeping benefaction as Mr.

Rockefeller had. It was now evident what the stockholders of the South

Improvement Company meant when they assured the railroads that all the

refiners were to go into the scheme, that, as Mr. Warden said, they

“never had any other purpose in the matter!” A little more time and the

great scheme would be an accomplished fact. And then there fell in its

path two of those never-to-be-foreseen human elements which so often

block great manœuvres. The first was born of a man’s anger. The man had

learned of the scheme. He wanted to go into it, but the directors were

suspicious of him. He had been concerned in speculative enterprises and

in dealings with the Erie road which had injured these directors in

other ways. They didn’t want him to have any of the advantages of their

great enterprise. When convinced that he could not share in the deal, he

took his revenge by telling people in the Oil Regions what was going on.

At first the Oil Regions refused to believe, but in a few days another

slip born of human weakness came in to prove the rumour true. The

schedule of rates agreed upon by the South Improvement Company and the

railroads had been sent to the freight agent of the Lake Shore Railroad,

but no order had been given to put them in force. The freight agent had

a son on his death-bed. Distracted by his sorrow, he left his office in

charge of subordinates, but neglected to tell them that the new

schedules on his desk were a secret compact, whose effectiveness

depended upon their being held until all was complete. On February 26,

the subordinates, ignorant of the nature of the rates, put them into

effect. The independent oil men heard with amazement that freight rates

had been put up nearly 100 per cent. They needed no other proof of the

truth of the rumours of conspiracy which were circulating. It now

remained to be seen whether the Oil Regions would submit to the South

Improvement Company as Cleveland had to the Standard Oil Company.

CHAPTER THREE

THE OIL WAR OF 1872

RISING IN THE OIL REGIONS AGAINST THE SOUTH IMPROVEMENT

COMPANY—PETROLEUM PRODUCERS’ UNION ORGANISED—OIL BLOCKADE AGAINST

MEMBERS OF SOUTH IMPROVEMENT COMPANY AND AGAINST RAILROADS

IMPLICATED—CONGRESSIONAL INVESTIGATION OF 1872 AND THE DOCUMENTS IT

REVEALED—PUBLIC DISCUSSION AND GENERAL CONDEMNATION OF THE SOUTH

IMPROVEMENT COMPANY—RAILROAD OFFICIALS CONFER WITH COMMITTEE FROM

PETROLEUM PRODUCERS’ UNION—WATSON AND ROCKEFELLER REFUSED ADMITTANCE

TO CONFERENCE—RAILROADS REVOKE CONTRACTS WITH SOUTH IMPROVEMENT

COMPANY AND MAKE CONTRACT WITH PETROLEUM PRODUCERS’ UNION—BLOCKADE

AGAINST SOUTH IMPROVEMENT COMPANY LIFTED—OIL WAR OFFICIALLY

ENDED—ROCKEFELLER CONTINUES TO GET REBATES—HIS GREAT PLAN STILL A

LIVING PURPOSE.

It was not until after the middle of February, 1872, that the people of

the Oil Regions heard anything of the plan which was being worked out

for their “good.” Then an uneasy rumour began running up and down the

creek. Freight rates were going up. Now an advance in a man’s freight

bill may ruin his business; more, it may mean the ruin of a region.

Rumour said that the new rate meant just this; that is, that it more

than covered the margin of profit in any branch of the oil business. The

railroads were not going to apply the proposed tariffs to everybody.

They had agreed to give to a company unheard of until now—the South

Improvement Company—a special rate considerably lower than the new open

rate. It was only a rumour and many people discredited it. _Why_ should

the railroads ruin the Oil Regions to build up a company of outsiders?

But facts began to be reported. Mr. Doane, the Cleveland shipper already

quoted, told how suddenly on the 22d of February, without notice, his

rate from the Oil Regions to Cleveland was put up from thirty-five cents

a barrel to sixty-five cents, an advance of twenty-four dollars on a

carload.[16] Mr. Josiah Lombard of the New York refining firm of Ayres,

Lombard and Company was buying oil for his company at Oil City. Their

refinery was running about 12,000 barrels a month. On the 19th of

February the rate from Oil City to Buffalo, which had been forty cents a

barrel, was raised to sixty-five cents, and a few days later the rate

from Warren to New York was raised from eighty-seven cents to $2.14. Mr.

Lombard was not aware of this change until his house in New York

reported to him that the bills for freight were so heavy that they could

not afford to ship and wanted to know what was the matter.[17]

On the morning of February 26, 1872, the oil men read in their morning

papers that the rise which had been threatening had come; moreover, that

all members of the South Improvement Company were exempt from the

advance. At the news all oildom rushed into the streets. Nobody waited

to find out his neighbour’s opinion. On every lip there was but one

word, and that was “conspiracy.” In the vernacular of the region, it was

evident that “a torpedo was filling for that scheme.”

In twenty-four hours after the announcement of the increase in freight

rates a mass-meeting of 3,000 excited, gesticulating oil men was

gathered in the opera house at Titusville. Producers, brokers, refiners,

drillers, pumpers were in the crowd. Their temper was shown by the

mottoes on the banners which they carried: “Down with the

conspirators”—“No compromise”—“Don’t give up the ship!” Three days later

as large a meeting was held at Oil City, its temper more warlike if

possible; and so it went. They organised a Petroleum Producers’

Union,[18] pledged themselves to reduce their production by starting no

new wells for sixty days and by shutting down on Sundays, to sell no oil

to any person known to be in the South Improvement Company, but to

support the creek refiners and those elsewhere who had refused to go

into the combination, to boycott the offending railroads, and to build

lines which they would own and control themselves. They sent a committee

to the Legislature asking that the charter of the South Improvement

Company be repealed, and another to Congress demanding an investigation

of the whole business on the ground that it was an interference with

trade. They ordered that a history of the conspiracy, giving the names

of the conspirators and the designs of the company, should be prepared,

and 30,000 copies sent to “judges of all courts, senators of the United

States, members of Congress and of State Legislatures, and to all

railroad men and prominent business men of the country, _to the end that

enemies of the freedom of trade may be known and shunned by all honest

men_.”

They prepared a petition ninety-three feet long praying for a free

pipe-line bill, something which they had long wanted, but which, so far,

the Pennsylvania Railroad had prevented their getting, and sent it by a

committee to the Legislature; and for days they kept 1,000 men ready to

march on Harrisburg at a moment’s notice if the Legislature showed signs

of refusing their demands. In short, for weeks the whole body of oil men

abandoned regular business and surged from town to town intent on

destroying the “Monster,” the “Forty Thieves,” the “Great Anaconda,” as

they called the mysterious South Improvement Company. Curiously enough,

it was chiefly against the combination which had secured the

discrimination from the railroads—not the railroads which had granted

it—that their fury was directed. They expected nothing but robbery from

the railroads, they said. They were used to that; but they would not

endure it from men in their own business.

When they began the fight the mass of the oil men knew nothing more of

the South Improvement Company than its name and the fact that it had

secured from the railroads advantages in rates which were bound to ruin

all independent refiners of oil and to put all producers at its mercy.

Their tempers were not improved by the discovery that it was a secret

organisation, and that it had been at work under their very eyes for

some weeks without their knowing it. At the first public meeting this

fact came out, leading refiners of the region relating their experience

with the “Anaconda.” According to one of these gentlemen, J. D.

Archbold—the same who afterward became vice-president of the Standard

Oil Company, which office he now holds—he and his partners had heard of

the scheme some months before. Alarmed by the rumour, a committee of

independent refiners had attempted to investigate, but could learn

nothing until they had given a promise not to reveal what was told them.

When convinced that a company had been formed actually strong enough to

force or persuade the railroads to give it special rates and refuse them

to all persons outside, Mr. Archbold said that he and his colleagues had

gone to the railway kings to remonstrate, but all to no effect. The

South Improvement Company by some means had convinced the railroads that

they owned the Oil Regions, producers and refiners both, and that

hereafter no oil of any account would be shipped except as they shipped

it. Mr. Archbold and his partners had been asked to join the company,

but had refused, declaring that the whole business was iniquitous, that

they would fight it to the end, and that in their fight they would have

the backing of the oil men as a whole. They excused their silence up to

this time by citing the pledge[19] exacted from them before they were

informed of the extent and nature of the South Improvement Company.

Naturally the burning question throughout the Oil Regions, convinced as

it was of the iniquity of the scheme, was, Who are the conspirators?

Whether the gentlemen concerned regarded themselves in the light of

“conspirators” or not, they seem from the first to have realised that it

would be discreet not to be identified publicly with the scheme, and to

have allowed one name alone to appear in all signed negotiations. This

was the name of the president, Peter H. Watson. However anxious the

members of the South Improvement Company were that Mr. Watson should

combine the honours of president with the trials of scapegoat, it was

impossible to keep their names concealed. The Oil City Derrick, at that

time one of the most vigorous, witty, and daring newspapers in the

country, began a black list at the head of its editorial columns the day

after the raise in freight was announced, and it kept it there until it

was believed complete. It stood finally as it appears on the opposite

page.

This list was not exact, but it was enough to go on, and the oil

blockade, to which the Petroleum Producers’ Union had pledged itself,

was now enforced against the firms listed, and as far as possible

against the railroads. All of these refineries had their buyers on the

creek, and although several of them were young men generally liked for

their personal and business qualities, no mercy was shown them. They

were refused oil by everybody, though they offered from seventy-five

cents to a dollar more than the market price. They were ordered at one

meeting “to desist from their nefarious business or leave the Oil

Region,” and when they declined they were invited to resign from the oil

exchanges of which they were members. So strictly, indeed, was the

blockade enforced that in Cleveland the refineries were closed and

meetings for the relief of the workmen were held. In spite of the

excitement there was little vandalism, the only violence at the opening

of the war being at Franklin, where a quantity of the oil belonging to

Mr. Watson was run on the ground.

[Illustration:

JOHN D. ARCHBOLD IN 1872

Now vice-president of the Standard Oil Company. Mr. Archbold, whose

home, in 1872, was in Titusville, Pennsylvania, although one of the

youngest refiners of the Creek, was one of the most active and

efficient in breaking up the South Improvement Company.

]

THE BLACK LIST.

[Illustration:

Behold “The Anaconda” in all his hideous deformity!

]

The sudden uprising of the Oil Regions against the South Improvement

Company did not alarm its members at first. The excitement would die

out, they told one another. All that they needed to do was to keep quiet

and stay out of the oil country. But the excitement did not die out.

Indeed, with every day it became more intense and more wide-spread. When

Mr. Watson’s tanks were tapped he began to protest in letters to a

friend, F. W. Mitchell, a prominent banker and oil man of Franklin. The

company was misunderstood, he complained. “Have a committee of leading

producers appointed,” he wrote, “and we will show that the contracts

with the railroads are as favourable to the producing as to other

interests; that the much-denounced rebate will enhance the price of oil

at the wells, and that our entire plan in operation and effect will

promote every legitimate American interest in the oil trade.” Mr.

Mitchell urged Mr. Watson to come openly to the Oil Regions and meet the

producers as a body. A mass-meeting was never a “deliberative body,” Mr.

Watson replied, but if a few of the leading oil men would go to Albany

or New York, or any place favourable to calm investigation and

deliberation, and therefore outside of the atmosphere of excitement

which enveloped the oil country, he would see them. These letters were

read to the producers, and a motion to appoint a committee was made. It

was received with protests and jeers. Mr. Watson was afraid to come to

the Oil Regions, they said. The letters were not addressed to the

association, they were private—an insult to the body. “We are lowering

our dignity to treat with this man Watson,” declared one man. “He is

free to come to these meetings if he wants to.” “What is there to

negotiate about?” asked another. “To open a negotiation is to concede

that we are wrong. Can we go halves with these middlemen in their

swindle?” “He has set a trap for us,” declared another. “We cannot treat

with him without guilt,” and the motion was voted down.

The stopping of the oil supply finally forced the South Improvement

Company to recognise the Producers’ Union officially by asking that a

committee of the body be appointed to confer with them on a compromise.

The producers sent back a pertinent answer. They believed the South

Improvement Company meant to monopolise the oil business. If that was so

they could not consider a compromise with it. If they were wrong, they

would be glad to be enlightened, and they asked for information. First:

the charter under which the South Improvement Company was organised.

Second: the articles of association. Third: the officers’ names. Fourth:

the contracts with the railroads which signed them. Fifth: the general

plan of management. Until we know these things, the oil men declared, we

can no more negotiate with you than we could sit down to negotiate with

a burglar as to his privileges in our house.

The Producers’ Union did not get the information they asked from the

company at that time, but it was not long before they had it, and much

more. The committee which they had appointed to write a history of the

South Improvement Company reported on March 20, and in April the

Congressional Committee appointed at the insistence of the oil men made

its investigation. The former report was published broadcast, and is

readily accessible to-day. The Congressional Investigation was not

published officially, and no trace of its work can now be found in

Washington, but while it was going on reports were made in the

newspapers of the Oil Regions, and at its close the Producers’ Union

published in Lancaster, Pennsylvania, a pamphlet called “A History of

the Rise and Fall of the South Improvement Company,” which contains the

full testimony taken by the committee. This pamphlet is rare, the writer

never having been able to find a copy save in three or four private

collections. The most important part of it is the testimony of Peter H.

Watson, the president, and W. G. Warden, the secretary of the South

Improvement Company. It was in these documents that the oil men found

full justification for the war they were carrying on and for the losses

they had caused themselves and others. Nothing, indeed, could have been

more damaging to a corporation than the publication of the charter of

the South Improvement Company. As its president told the Congressional

Investigating Committee, when he was under examination, “this charter

was a sort of clothes-horse to hang a scheme upon.” As a matter of fact

it was a clothes-horse big enough to hang the earth upon. It granted

powers practically unlimited. There really was no exaggeration in the

summary of its powers made and scattered broadcast by the irate oil men

in their “History of the Rise and Fall of the South Improvement

Company”:[20]

The South Improvement Company can own, contract, or operate any

work, business, or traffic (save only banking); may hold and

transfer any kind of property, real or personal; hold and operate on

any leased property (oil territory, for instance); make any kind of

contract; deal in stock, securities, and funds; loan its credit,

guarantee any one’s paper; manipulate any industry; may seize upon

the lands of other parties for railroading or _any other purpose_;

may absorb the improvements, property or franchises of any other

company, _ad infinitum_; may fix the fares, tolls, or freights to be

charged on lines of transit operated by it, or on any business it

gives to _any other company_ or line, without limit.

Its capital stock can be expanded or “watered” at liberty; it can

change its name and location at pleasure; can go anywhere and do

almost anything. It is not a Pennsylvania corporation only; it can,

so far as these enactments are valid, or are confirmed by other

Legislatures, operate in any state or territory; its directors must

be only citizens of the United States—not necessarily of

Pennsylvania. It is responsible to no one; its stockholders are only

liable to the amount of their stock in it; its directors, when

wielding all the princely powers of the corporation, are also

responsible only to the amount of their stock in it; it may control

the business of the continent and hold and transfer millions of

property, and yet be rotten to the core. It is responsible to no

one; makes no reports of its acts or financial condition; its

records and deliberations are secret; its capital illimitable; its

object unknown. It can be here to-day, to-morrow away. Its domain is

the whole country; its business everything. Now it is petroleum it

grasps and monopolises; next year it may be iron, coal, cotton, or

breadstuffs. They are landsmen granted perpetual letters of marque

to prey upon all commerce everywhere.

When the course of this charter through the Pennsylvania Legislature

came to be traced, it was found to be devious and uncertain. The company

had been incorporated in 1871, and vested with all the “powers,

privileges, duties and obligations” of an earlier company—incorporated

in April, 1870—the Pennsylvania Company; both of them were children of

that interesting body known as the “Tom Scott Legislature.” The act

incorporating the company was not published until after the oil war; its

sponsor was never known, and no votes on it are recorded. The origin of

the South Improvement Company has always remained in darkness. It was

one of several “improvement” companies chartered in Pennsylvania at

about the same time, and enjoying the same commercial _carte blanche_.

Bad as the charter was in appearance, the oil men found that the

contracts which the new company had made with the railroads were worse.

These contracts advanced the rates of freight from the Oil Regions over

100 per cent.—an advance which more than covered the margin of profit on

their business—but it was not the railroad that got the greater part of

this advance; it was the South Improvement Company. Not only did it ship

its own oil at fully a dollar a barrel cheaper on an average than

anybody else could, but it received fully a dollar a barrel “rake-off”

on every barrel its competitors shipped. It was computed and admitted by

the members of the company who appeared before the investigating

committee of Congress that this discrimination would have turned over to

them fully $6,000,000 annually on the carrying trade. The railroads

expected to receive about one and a half millions more than from the

existing rates. That is, an additional cost of about $1.25 a barrel was

added to crude oil, and it was computed that this would enable the

refiners to advance their wholesale price at least four cents a gallon.

It is hardly to be wondered at that when the oil men had before them the

full text of these contracts they refused absolutely to accept the

repeated assertions of the members of the South Improvement Company that

their scheme was intended only for “the good of the oil business.” The

committee of Congress could not be persuaded to believe it either. “Your

success meant the destruction of every refiner who refused for any

reason to join your company, or whom you did not care to have in, and it

put the producers entirely in your power. It would make a monopoly such

as no set of men are fit to handle,” the chairman of the committee

declared. Of course Mr. Warden, the secretary of the company, protested

again and again that they meant to take in all the refiners, but when he

had to admit that the contracts with the railroads were not made on this

condition, his protestations met with little credence. Besides, there

was the damning fact that no refiners had come in except those in

Cleveland, and that they with one accord testified that they had yielded

to force. Not a single factory in either New York or the Oil Regions was

in the combination. The fact that the producers had never been

approached in any way looked very bad for the company, too. Mr. Watson

affirmed and reaffirmed before the committee that it was the intention

of the company to take care of the producers. “It was an essential part

of this contract that the producers should join it,” he declared. But no

such condition was embodied in the contract. It was verbal only, and,

besides, it had never been submitted to the producers themselves in any

form until after the trouble in the Oil Regions began. The committee,

like the oil men, insisted that under the circumstances no such verbal

understanding was to be trusted.[21]

No part of the testimony before the committee made a worse impression

than that showing that the chief object of the combination was to put up

the price of refined oil to the consumer, though nobody had denied from

the first that this was the purpose. In a circular, intended for private

circulation, which appeared in the newspapers about this time explaining

the objects of the South Improvement Company, this was made clear:

“The object of this combination of interests,” ran the circular, “is

understood to be twofold: firstly, to do away, at least in a great

measure, with the excessive and undue competition now existing between

the refining interest, by reason of there being a far greater refining

capacity than is called for or justified by the existing

petroleum-consuming requirements of the world; secondly, to avoid the

heretofore undue competition between the various railroad companies

transporting oil to the seaboard, by fixing a uniform rate of freight,

which it is thought can be adhered to by some such arrangement as

guaranteeing to each road some such percentages of the profit of the

aggregate amount of oil transported, whether the particular line carries

it or not. It is also asserted that a prominent feature of the

combination will be to limit the production of refined petroleum to such

amounts as may serve, in a great measure, to do away with the serious

periodical depressions in the article. Is it also to be expected that,

desiring to curtail the production of refined petroleum in this country,

the railroads will not offer any additional facilities for exportation

of the crude article.”

A writer in the Oil City Derrick, quoted in the Cleveland Herald, March

2, 1872, said: “The ring pretend that they will make their margin out of

the consumers. That is, that they will put refined up to a figure that

will enable them to pay well for crude.... The consumers are the avowed

victims, since they must pay a price which will warrant the ring in

going on with their operations. And the producers’ security for the

price is a mere matter of discretion.”

Wherever the members of the company discussed the subject they put

forward this object as one sufficient to justify the combination. If

refined oil was put up everybody in the trade would make more money. To

this end the public ought to be willing to pay more.

When Mr. Warden was under examination by the committee the chairman said

to him: “Under your arrangement, the public would have been put to an

additional expense of $7,500,000 a year.” “What public?” said Mr.

Warden. “They would have had to pay it in Europe.” “But to keep up the

price abroad you would have to keep up the price at home,” said the

chairman. Mr. Warden conceded the point: “You could not get a better

price for that exported without having a better price here,” he

said.[22]

Mr. Watson contended that the price could be put up with benefit to the

consumer. And when he was asked how, he replied: “By steadying the

trade. You will notice what all those familiar with this trade know,

that there are very rapid and excessive fluctuations in the oil market;

that when these fluctuations take place the retail dealers are always

quick to note a rise in price, but very slow to note a fall. Even if two

dollars a barrel had been added to the price of oil under a steady

trade, I think the price of the retail purchaser would not have been

increased. That increased price would only amount to one cent a quart

(four cents a gallon), and I think the price would not have been

increased to the retail dealer because the fluctuations would have been

avoided. That was one object to be accomplished.”[23]

The committee were not convinced, however, that a scheme which began by

adding four cents to the price of a gallon of oil could be to the good

of the consumer. Nor did anything appear in the contracts which showed

how the fluctuations in the price of oil were to be avoided. These

fluctuations were due to the rise and fall in the crude market, and that

depended on the amount of crude coming from the ground. The South

Improvement Company might assert that they meant to bring the producers

into their scheme and persuade them to keep down the amount of

production in the same way they meant to keep down refined, so that the

price could be kept steadily high, but they had nothing to prove that

they were sincere in the intention, nothing to prove that they had

thought of the producer seriously until the trouble in the Oil Regions

began. It looked very much to the committee as if the real intention of

the company was to keep up the price of refined to a certain figure by

limiting the output, and that there was nothing to show that it would

not go up with crude though it might not go down with it! Under these

circumstances it seemed as if a fluctuating market which gave a moderate

average was better for the consumer than the steady high price which Mr.

Watson thought so good for the public. Thirty-two cents a gallon was the

ideal price they had in view, though refined had not sold for that since

1869, the average price in 1870 being 26⅜ and in 1871 24¼. The refiner

who in 1871 sold his oil at 24¼ cents a gallon cleared easily fifty-two

cents a barrel—a large profit on his investment,—but the refiners in the

early stages of this new industry had made much larger profits. It was

to perpetuate these early profits that they had gone into the South

Improvement Company.

It did not take the full exposition of the objects of the South

Improvement Company, brought out by the Congressional Investigating

Committee, with the publication of charters and contracts, to convince

the country at large that the Oil Regions were right in their

opposition. From the first the sympathy of the press and the people were

with the oil men. It was evident to everybody that if the railroads had

made the contracts as charged (and it daily became more evident they had

done so), nothing but an absolute monopoly of the whole oil business by

this combination could result. It was robbery, cried the newspapers all

over the land. “Under the thin guise of assisting in the development of

oil-refining in Pittsburg and Cleveland,” said the New York Tribune,

“this corporation has simply laid its hand upon the throat of the oil

traffic with a demand to ‘stand and deliver.’” And if this could be done

in the oil business, what was to prevent its being done in any other

industry? Why should not a company be formed to control wheat or beef or

iron or steel, as well as oil? If the railroads would do this for one

company, why not for another? The South Improvement Company, men agreed,

was a menace to the free trade of the country. If the oil men yielded

now, all industries must suffer from their weakness. The railroads must

be taught a lesson as well as would-be monopolists.

The oil men had no thought of yielding. With every day of the war their

backbone grew stiffer. The men were calmer, too, for their resistance

had found a ground which seemed impregnable to them, and arguments

against the South Improvement Company now took the place of

denunciations. On all sides men said, This is a transportation question,

and now is the time to put an end once and forever to the rebates. The

sentiment against discrimination on account of amount of freight or for

any other reason had been strong in the country since its beginning, and

it now crystallised immediately. The country so buzzed with discussion

on the duties of the railroads that reporters sent from the Eastern

newspapers commented on it. Nothing was commoner, indeed, on the trains

which ran the length of the region and were its real forums, than to

hear a man explaining that the railways derived their existence and

power from the people, that their charters were contracts with the

people, that a fundamental provision of these contracts was that there

should be no discriminating in favour of one person or one town, that

such a discrimination was a violation of charter, that therefore the

South Improvement Company was founded on fraud, and the courts must

dissolve it if the railways did not abandon it. The Petroleum Producers’

Union which had been formed to grapple with the “Monster” actually

demanded interstate regulation, for in a circular sent out to newspapers

and boards of trade asking their aid against the conspiracy they

included this paragraph: “We urge you to exert all your influence with

your representatives in Congress to support such measures offered there

as will prohibit for all future time any monopoly of railroads or other

transportation companies from laying embargoes upon the trade between

states by a system of excessive freights or unjust discrimination

against buyers or shippers in any trade by the allowance of rebates or

drawbacks to any persons whatever. This is a matter of national

importance, and only the most decided action can protect you and us from

the scheming strength of these monopolies.”

How the whole question appeared to an intelligent oil man, one, too, who

had had the courage to resist in the attack on the trade in Cleveland,

and who still was master of his own refinery, is shown by the following

letter to the Cleveland Herald:

EDS. HERALD: As I understand, the financial success of this South

Improvement Company is based upon contracts made with the officers

(either individually or otherwise) of all the railroads leading out

of the Oil Region, by which they (the South Improvement Company)

receive as a drawback certain excess of freights, not only on every

barrel of oil shipped out of the Oil Regions by or to themselves,

but also on every barrel of oil shipped out of the Oil Regions by or

to other refiners, or dealers, or consumers.

The first advance in freights to Cleveland has already been made,

viz.: on crude oil, from forty cents to sixty-five cents per barrel.

This seemingly slight advance has already caused one party that I

know of to pay an excess of over $2,000. Other firms have paid

larger or smaller sums, according to the quantity of oil they were

compelled to have. This excess, we suppose, goes directly to swell

the profits of the South Improvement Company.

_This is only the beginning._ The whole extent of the evil that may

be done to producers, refiners, dealers and consumers, and to the

public generally, if this corporation—or rather combination of

corporations—is successful, is so deep and varied and far reaching,

that it cannot be fully comprehended and I will not attempt it in

detail, but only suggest a few inquiries.

Where will be their limits?

How high will they advance freights?

How low will they force the price of crude?

How high refined?

Will they adopt a liberal policy for producers, or will they destroy

their interests and _crush out_ the oil production entirely? Will

they be liberal with dealers and consumers and adopt uniform rules

with steady prices, or will they take advantage of times and

circumstances and force ruinous corners upon the trade?

These and many other questions are pertinent, for clearly if they

can control the shipment they can control the price of oil, and if

they can control the price to the extent of twenty-five cents per

barrel, they can control it entirely. If they can control it

entirely, where will be their limit? Who will dictate a line of

policy to them? And may not one of the greatest and most important

industries of this country be destroyed and hundreds of thousands of

business men be made bankrupt if this combination is successful and

has the disposition to work ruin? I do not say that I think they

will work ruin. They undoubtedly will attempt to make all the money

they can and will pursue such a policy as in their judgment will

bring them the utmost amount of profits, regardless of consequences,

but what that policy will be, of course, we can not judge.

It is understood that the parties to this combination excuse

themselves and their action before the public by reciting the

undoubted facts in the case. They are these: that the refining of

oil as a business has been of late and is now overdone; that the

capacity for refining petroleum in this country exceeds the

production in the ratio of three barrels to one; that the railroads

have reduced freights to the lowest extreme, and were even losing

money; that refiners, in spite of all their efforts, could not earn

their running expenses; that the _special interests of Cleveland_ as

a refining point were in danger of being lost; and that this great

business might go to other points, and the millions of dollars in

refining property here be sacrificed, and thousands of men thrown

out of employment; that real estate would depreciate, and that many

other collateral troubles connected with the loss of this business

would follow; and that _now_, by the consummation of the plans of

this monopoly, all these evils will be avoided.

In answer to this—assuming that the refining interest of Cleveland

is a _unit_ in this corporation, that of Pittsburg another, that of

New York another, and that of Philadelphia another—it follows that

it is immaterial to the stockholders of the “South Improvement

Company” whether the oil produced at the Oil Regions is refined by

them at their works in Cleveland, or at Pittsburg, or in New York,

or in Philadelphia. It would not affect their dividends at all,

provided they refined the oil at the cheapest point for them to do

so. That place might be Cleveland; it might be Pittsburg, or it

might _not_ be either of them; but it might be New York or

Philadelphia. Therefore, so long as it is for the pecuniary

advantage of this combination to refine at Cleveland they may do so,

but no longer, and should it be for the interest of the combination

to discontinue their works at Cleveland, what would become of the

oil-refining interest at this point? That question everyone can

answer. Therefore I see little weight to the argument used that this

monopoly is for the benefit of Cleveland. Hence, I do not consider

the _special danger_ to Cleveland by any means as averted.

But without discussing this position, its advantages or

disadvantages, as an oil-refining center—for it has both in a marked

degree—on general principles I will assert that the laws of business

and manufacturing interests, like the laws of supply and demand, are

unchangeable, and that a prosperity such as this monopoly would

bring us is a forced prosperity, consequently not permanent, but

temporary and fictitious in character, and damaging in its ultimate

results; and more than all this, if the refining prosperity of

Cleveland could be re-established permanently by means of the

success of this monopoly, we could not afford to accept it at the

cost proposed, viz., that of enriching ourselves at the expense of

those who are weaker, but are in power.

We have just refused to build an opera house because we should, by

using the only means we could command to do so, compromise our

morality. How much more emphatically should we refuse to accept any

benefits to our city which have their origin in unmitigated fraud!

In the opera house instance just cited the managers use no

compulsion, no unwilling man was to be forced by them to buy a

ticket and take his chances; but the South Improvement Company force

every producer to take a less price for his oil without rendering

him an equivalent.

They force every refiner who is in their way to prosecute his

business against them as competitors at fearful odds, and perhaps at

the expense of a royalty on every barrel; or to sell his works and

abandon his business to the South Improvement Company at any paltry

price they may dictate.

They also force every consumer of oil on this broad continent, after

paying all the legitimate cost of producing, refining, and

transportation on oil, to pay them also an additional tribute—for

what? Absolutely nothing.

The railroad companies derive their existence and power to act under

charters granted them by the citizens (through their Legislatures)

of the several states in which they exist. This charter is a

contract made by and between the citizens of the one part and the

railroad company on the other, and both parties bind themselves

alike to the faithful performance of the conditions of the contract.

One of the fundamental provisions of this contract is that there

shall be no discrimination shown to any individuals, or body of

individuals, as to facilities or privileges of doing business with

such railroad company; on the contrary, the railroad company is

expressly required in all cases to charge uniform rates for the

transportation of freight and passengers.

They must, if desired, carry the freight for A that they do for B,

AND ALWAYS AT THE SAME PRICE. Any deviation from this stipulated

condition is a wilful and fraudulent violation of their contract. If

it is by means of such violations of contracts on the part of the

several railroad companies connected with them that the South

Improvement Company expects success, then the whole gigantic

STRUCTURE IS ESTABLISHED UPON FRAUD AS A BASIS, AND IT OUGHT TO COME

DOWN.

Very respectfully,

F. M. BACKUS.

CLEVELAND, OHIO, March 5, 1872.

The oil men now met the very plausible reasons given by the members of

the company for their combination more intelligently than at first.

There were grave abuses in the business, they admitted; there was too

great refining capacity; but this they argued was a natural development

in a new business whose growth had been extraordinary and whose limits

were by no means defined. Time and experience would regulate it. Give

the refiners open and regular freights, with no favours to any one, and

the stronger and better equipped would live, the others die—but give all

a chance. In fact, time and energy would regulate all the evils of which

they complained if there were fair play.

[Illustration:

HENRY H. ROGERS IN 1872

Now President of the National Transit Company and a director of the

Standard Oil Company. The opposition to the South Improvement

Company among the New York refiners was led by Mr. Rogers.

]

The oil men were not only encouraged by public opinion and by getting

their minds clear on the merits of their case; they were upheld by

repeated proofs of aid from all sides; even the women of the region were

asking what they could do, and were offering to wear their “black velvet

bonnets” all summer if necessary. Solid support came from the

independent refiners and shippers in other parts of the country who were

offering to stand in with them in their contest. New York was already

one of the chief refining centres of the country, and the South

Improvement Company had left it entirely out of its combination. As

incensed as the creek itself, the New York interests formed an

association, and about the middle of March sent a committee of three,

with H. H. Rogers, of Charles Pratt and Company, at its head, to Oil

City, to consult with the Producers’ Union. Their arrival in the Oil

Regions was a matter of great satisfaction. What made the oil men most

exultant, however, was their growing belief that the railroads—the crux

of the whole scheme—were weakening.

However fair the great scheme may have appeared to the railroad kings in

the privacy of the council chamber, it began to look dark as soon as it

was dragged into the open, and signs of a scuttle soon appeared. General

G. B. McClellan, president of the Atlantic and Great Western, sent to

the very first mass-meeting this telegram:

NEW YORK, February 27, 1872.

Neither the Atlantic and Great Western, nor any of its officers, are

interested in the South Improvement Company. Of course the policy of

the road is to accommodate the petroleum interest.

G. B. MCCLELLAN.

A great applause was started, only to be stopped by the hisses of a

group whose spokesman read the following:

Contract with South Improvement Company signed by George B.

McClellan, president for the Atlantic and Great Western Railroad. I

only signed it after it was signed by all the other parties.

JAY GOULD.

The railroads tried in various ways to appease the oil men. They did not

enforce the new rates. They had signed the contracts, they declared,

only after the South Improvement Company had assured them that all the

refineries and producers were to be taken in. Indeed, they seem to have

realised within a fortnight that the scheme was doomed, and to have been

quite ready to meet cordially a committee of oil men which went East to

demand that the railroads revoke their contracts with the South

Improvement Company. This committee, which was composed of twelve

persons, three of them being the New York representatives already

mentioned, began its work by an interview with Colonel Scott at the

Colonial Hotel in Philadelphia. With evident pride the committee wrote

back to the Producers’ Union: “Mr. Scott, differing in this respect from

the railroad representatives whom we afterwards met, notified us that he

would call upon us at our hotel.” An interesting account of their

interview was given to the Hepburn Committee in 1879 by W. T. Scheide,

one of the number:

We saw Mr. Scott on the 18th of March, 1872, in Philadelphia, and he

said to us that he was very much surprised to hear of this agitation

in the Oil Regions; that the object of the railroads in making this

contract with the South Improvement Company was to obtain an evener

to pool the freight—pool the oil freights among the different roads;

that they had been cutting each other on oil freights for a number

of years, and had not made any money out of it, although it was a

freight they should have made money from; that they had endeavoured

to make an arrangement among themselves, but had always failed; he

said that they supposed that the gentlemen representing the South

Improvement Company represented the petroleum trade, but as he was

now convinced they did not, he would be very glad to make an

arrangement with this committee, who undoubtedly did represent the

petroleum trade; the committee told him that they could not make any

such contract; that they had no legal authority to do so; he said

that could be easily fixed, because the Legislature was then in

session, and by going to Harrisburg a charter could be obtained in a

very few days; the committee still said that they would not agree to

any such arrangement, that they did not think the South Improvement

Company’s contract was a good one, and they were instructed to have

it broken, and so they did not feel that they could accept a similar

one, even if they had the power.

Leaving Colonel Scott the committee went on to New York, where they

stayed for about a week, closely watched by the newspapers, all of which

treated the “Oil War” as a national affair. Their first interview of

importance in New York was with Commodore Vanderbilt, who said to them

very frankly at the beginning of their talk: “I told Billy (W. H.

Vanderbilt) not to have anything to do with that scheme.” The committee

in its report said that the Commodore fully agreed with them upon the

justice of their claims, and frequently asserted his objections to any

combination seeking a monopoly of other men’s property and interests. He

told them that if what they asked was that the railroads should fix a

tariff which, while giving them a paying rate, would secure the oil men

against drawbacks, rebates, or variations in the tariff, he would

willingly co-operate. The Commodore ended his amiable concessions by

reading the committee a letter just received from the South Improvement

Company offering to co-operate with the producers and refiners or to

compromise existing differences. The oil men told the Commodore

emphatically that they would not treat with the South Improvement

Company or with anyone interested in it nor would they recognise its

existence. And this stand they kept throughout their negotiations though

repeated efforts were made by the railroad men, particularly those of

the Central system, to persuade them to a compromise.

At the meeting with the officials of the Erie and the Atlantic and Great

Western the committee was incensed by being offered a contract similar

to that of the South Improvement Company—on consideration that the

original be allowed to stand. It seemed impossible to the railroad men

that the oil men really meant what they said and would make no terms

save on the basis of no discriminations of any kind to anybody. They

evidently believed that if the committee had a chance to sign a contract

as profitable as that of the South Improvement Company, all their fair

talk of “fair play”—“the duty of the common carrier”—“equal chance to

all in transportation”—would at once evaporate. They failed utterly at

first to comprehend that the Oil War of 1872 was an uprising against an

injustice, and that the moral wrong of the thing had taken so deep a

hold of the oil country that the people as a whole had combined to

restore right. General McClellan of the Atlantic and Great Western and

Mr. Diven, one of the Erie’s directors, were the only ones who gave the

committee any support in their position.

The final all-important conference with the railroad men was held on

March 25, at the Erie offices. Horace Clark, president of the Lake Shore

and Michigan Southern Railroad, was chairman of this meeting, and,

according to H. H. Rogers’ testimony before the Hepburn Committee, in

1879, there were present, besides the oil men, Colonel Scott, General

McClellan, Director Diven, William H. Vanderbilt, Mr. Stebbins, and

George Hall. The meeting had not been long in session before Mr. Watson,

president of the South Improvement Company, and John D. Rockefeller

presented themselves for admission. Up to this time Mr. Rockefeller had

kept well out of sight in the affair. He had given no interviews,

offered no explanations. He had allowed the president of the company to

wrestle with the excitement in his own way, but things were now in such

critical shape that he came forward in a last attempt to save the

organisation by which he had been able to concentrate in his own hands

the refining interests of Cleveland. With Mr. Watson he knocked for

admission to the council going on in the Erie offices. The oil men

flatly refused to let them in. A dramatic scene followed, Mr. Clark, the

chairman, protesting in agitated tones against shutting out his

“lifelong friend, Watson.” The oil men were obdurate. They would have

nothing to do with anybody concerned with the South Improvement Company.

So determined were they that although Mr. Watson came in he was obliged

at once to withdraw. A Times reporter who witnessed the little scene

between the two supporters of the tottering company after its president

was turned out of the meeting remarked sympathetically that Mr.

Rockefeller soon went away, “looking pretty blue.”

The acquiescence of the “railroad kings” in the refusal of the oil men

to recognise representatives of the South Improvement Company was

followed by an unwilling promise to break the contracts with the

company. Another strong effort was made to persuade the independents to

make the same contracts on condition that they shipped as much oil, but

they would not hear of it. They demanded open rates, with no rebates to

anyone. Horace Clark and W. H. Vanderbilt particularly stuck for this

arrangement. Their opposition to the oil men’s position was so strong

that the latter in reporting it to the Union said: “We feel it proper to

say that we are in no wise indebted to these gentlemen for any courtesy

or consideration received at their hands.” So well did the committee

fight its battle and so strongly were they supported by the New York

refiners that the railroads were finally obliged to consent to revoke

the contracts and to make a new one embodying the views of the Oil

Regions. The contract finally signed at this meeting by H. F. Clark for

the Lake Shore road, O. H. P. Archer for the Erie, W. H. Vanderbilt for

the Central, George B. McClellan for the Atlantic and Great Western, and

Thomas A. Scott for the Pennsylvania, agreed that all shipping of oil

should be made on “a basis of perfect equality to all shippers,

producers, and refiners, and that no rebates, drawbacks, or other

arrangements of any character shall be made or allowed that will give

any party the slightest difference in rates or discriminations of any

character whatever.”[24] It was also agreed that the rates should not be

liable to change either for increase or decrease without first giving

William Hasson, president of the Producers’ Union, at least ninety days’

notice.

The same rate was put on refined oil from Cleveland, Pittsburg and the

creek, to Eastern shipping points; that is, Mr. Rockefeller could send

his oil from Cleveland to New York at $1.50 per barrel; so could his

associates in Pittsburg; and this was what it cost the refiner on the

creek; but the latter had this advantage: he was at the wells. Mr.

Rockefeller and his Pittsburg allies were miles away, and it cost them,

by the new contract, fifty cents to get a barrel of crude to their

works. The Oil Regions meant that geographical position should count,

that the advantages Mr. Rockefeller had by his command of the Western

market and by his access to a cheap Eastward waterway should be

considered as well as their own position beside the raw product.

This contract was the first effective thrust into the great bubble.

Others followed in quick succession. On the 28th the railroads

officially annulled their contracts with the company. About the same

time the Pennsylvania Legislature repealed the charter. On March 30 the

committee of oil men sent to Washington to be present during the

Congressional Investigation, now about to begin, spent an hour with

President Grant. They wired home that on their departure he said:

“Gentlemen, I have noticed the progress of monopolies, and have long

been convinced that the national government would have to interfere and

protect the people against them.” The President and the members of

Congress of both parties continued to show interest in the

investigation, and there was little or no dissent from the final

judgment of the committee, given early in May, that the South

Improvement Company was the “most gigantic and daring conspiracy” a free

country had ever seen. This decision finished the work. The “Monster”

was slain, the Oil Regions proclaimed exultantly.

And now came the question, What should they do about the blockade

established against the members of the South Improvement Company? The

railroads they had forgiven; should they forgive the members of the

South Improvement Company? This question came up immediately on the

repeal of the charter. The first severe test to which their temper was

put was early in April, when the Fisher Brothers, a firm of Oil City

brokers, sold some 20,000 barrels of oil to the Standard Oil Company.

The moment the sale was noised a perfect uproar burst forth. Indignant

telegrams came from every direction condemning the brokers. “Betrayal,”

“infamy,” “mercenary achievement,” “the most unkindest cut of all,” was

the gist of them. From New York, Porter and Archbold telegraphed

annulling all their contracts with the guilty brokers. The Oil Exchange

passed votes of censure, and the Producers’ Union turned them out. A few

days later it was learned that a dealer on the creek was preparing to

ship 5,000 barrels to the same firm. A mob gathered about the cars and

refused to let them leave. It was only by stationing a strong guard that

the destruction of the oil was prevented.

But something had to be done. The cooler heads argued that the blockade,

which had lasted now forty days, and from which the region had of course

suffered enormous loss, should be entirely lifted. The objects for which

it had been established had been accomplished—that is, the South

Improvement Company had been destroyed—now let free trade be

established. If anybody wanted to sell to “conspirators,” it was his

lookout. A long and excited meeting of men from the entire oil country

was held at Oil City to discuss the question.

The president of the Petroleum Producers’ Union, Captain William Hasson,

in anticipation of the meeting, had sent to the officers of all the

railroads which had been parties to the South Improvement Company, the

following telegram:

OFFICE PETROLEUM PRODUCERS’ UNION,

OIL CITY, PENNSYLVANIA, April 4, 1872.

We are informed by parties known as members of the South Improvement

Company, now representing the Standard Oil Company, who are in the

market overbidding other shippers, that all contracts between the

railroad companies and South Improvement and Standard Companies are

cancelled. Will you please give us official notice whether such

contracts are cancelled or not? The people in mass-meeting assembled

have instructed the executive committee not to sell or ship any oil

to these parties until we receive such notice. Please answer at

once, as we fear violence and destruction of property.

Signed WILLIAM HASSON, _President_.

General McClellan, Horace F. Clark, Thomas A. Scott, and W. H.

Vanderbilt all sent emphatic telegrams in reply, asserting that the

South Improvement contracts had been cancelled and that their roads had

no understanding of any nature in regard to freights with the Standard

Oil Company. “The only existing arrangement is with you,” telegraphed

General McClellan. W. H. Vanderbilt reminded Mr. Hasson that the

agreement of March 25, between the railroad companies and the joint

committee of producers and refiners, was on a basis of perfect equality

for all, and the inference was, how could Mr. Vanderbilt possibly make a

special arrangement with the Standard? From the Standard Oil Company the

following was received:

CLEVELAND, OHIO, April 8, 1872.

TO CAPTAIN WILLIAM HASSON: In answer to your telegram, this company

holds no contract with the railroad companies or any of them, or

with the South Improvement Company. The contracts between the South

Improvement Company and the railroads have been cancelled, and I am

informed you have been so advised by telegram. I state unqualifiedly

that reports circulated in the Oil Region and elsewhere, that this

company, or any member of it, threatened to depress oil, are false.

JOHN D. ROCKEFELLER, _President_.

After reading all the telegrams the committee submitted its report. The

gist of it was that since they had official assurance that the hated

contracts were cancelled, and that since they had secured from all the

trunk lines a “fair rate of freight, equal to all shippers and

producers, great or small, with an abolition of the system of rebates

and drawbacks,” the time had arrived “to open the channels of trade to

all parties desiring to purchase or deal in oil on terms of equality.”

The report was received with “approbation and delight” and put an

official end to the “Oil War.”

But no number of resolutions could wipe out the memory of the forty days

of terrible excitement and loss which the region had suffered. No

triumph could stifle the suspicion and the bitterness which had been

sown broadcast through the region. Every particle of independent manhood

in these men whose very life was independent action had been outraged.

Their sense of fair play, the saving force of the region in the days

before law and order had been established, had been violated. These were

things which could not be forgotten. There henceforth could be no trust

in those who had devised a scheme which, the producers believed, was

intended to rob them of their property.

It was inevitable that under the pressure of their indignation and

resentment some person or persons should be fixed upon as responsible,

and should be hated accordingly. Before the lifting of the embargo this

responsibility had been fixed. It was the Standard Oil Company of

Cleveland, so the Oil Regions decided, which was at the bottom of the

business, and the “Mephistopheles of the Cleveland company,” as they put

it, was John D. Rockefeller. Even the Cleveland Herald acknowledged this

popular judgment. “Whether justly or unjustly,” the editor wrote,

“Cleveland has the odium of having originated the scheme.” This opinion

gained ground as the days passed. The activity of the president of the

Standard in New York, in trying to save the contracts with the

railroads, and his constant appearance with Mr. Watson, and the fact

brought out by the Congressional Investigation that a larger block of

the South Improvement Company’s stock was owned in the Standard than in

any other firm, strengthened the belief. But what did more than anything

else to fix the conviction was what they had learned of the career of

the Standard Oil Company in Cleveland. Before the Oil War the company

had been known simply as one of several successful firms in that city.

It drove close bargains, but it paid promptly, and was considered a

desirable customer. Now the Oil Regions learned for the first time of

the sudden and phenomenal expansion of the company. Where there had been

at the beginning of 1872 twenty-six refining firms in Cleveland, there

were but six left. In three months before and during the Oil War the

Standard had absorbed twenty plants. It was generally charged by the

Cleveland refiners that Mr. Rockefeller had used the South Improvement

scheme to persuade or compel his rivals to sell to him. “Why,” cried the

oil men, “the Standard Oil Company has done already in Cleveland what

the South Improvement Company set out to do for the whole country, and

it has done it by the same means.”

By the time the blockade was raised, another unhappy conviction was

fixed on the Oil Regions—the Standard Oil Company meant to carry out the

plans of the exploded South Improvement Company. The promoters of the

scheme were partly responsible for the report. Under the smart of their

defeat they talked rather more freely than their policy of silence

justified, and their remarks were quoted widely. Mr. Rockefeller was

reported in the Derrick to have said to a prominent oil man of Oil City

that the South Improvement Company could work under the charter of the

Standard Oil Company, and to have predicted that in less than two months

the gentlemen would be glad to join him. The newspapers made much of the

following similar story reported by a New York correspondent:

A prominent Cleveland member of what was the South Improvement

Company had said within two days: “The business _now_ will be done

by the Standard Oil Company. We have a rate of freight by water from

Cleveland to New York at seventy cents. No man in the trade shall

make a dollar this year. We purpose to manipulating the market as to

run the price of crude on the creek as low as two and a half. We

mean to show the world that the South Improvement Company was

organised for business and means business in spite of opposition.

The same thing has been said in substance by the leading

Philadelphia member.”

“The trade here regards the Standard Oil Company as simply taking the

place of the South Improvement Company and as being ready at any moment

to make the same attempt to control the trade as its progenitors did,”

said the New York Bulletin about the middle of April. And the Cleveland

Herald discussed the situation under the heading, “South Improvement

Company _alias_ Standard Oil Company.” The effect of these reports in

the Oil Regions was most disastrous. Their open war became a kind of

guerilla opposition. Those who sold oil to the Standard were ostracised,

and its president was openly scorned.

If Mr. Rockefeller had been an ordinary man the outburst of popular

contempt and suspicion which suddenly poured on his head would have

thwarted and crushed him. But he was no ordinary man. He had the

powerful imagination to see what might be done with the oil business if

it could be centered in his hands—the intelligence to analyse the

problem into its elements and to find the key to control. He had the

essential element of all great achievement, a steadfastness to a purpose

once conceived which nothing can crush. The Oil Regions might rage, call

him a conspirator, and all those who sold him oil, traitors; the

railroads might withdraw their contracts and the Legislature annul his

charter; undisturbed and unresting he kept at his great purpose. Even if

his nature had not been such as to forbid him to abandon an enterprise

in which he saw promise of vast profits, even if he had not had a mind

which, stopped by a wall, burrows under or creeps around, he would

nevertheless have been forced to desperate efforts to keep up his

business. He had increased his refining capacity in Cleveland to 10,000

barrels on the strength of the South Improvement Company contracts.

These contracts were annulled, and in their place was one signed by

officials of all the oil-shipping roads refusing rebates to everybody.

His geographical position was such that it cost him under these new

contracts fifty cents more to get oil from the wells to New York than it

did his rivals on the creek. True, he had many counterbalancing

advantages—a growing Western market almost entirely in his hands, lake

traffic, close proximity to all sorts of accessories to his

manufacturing, but this contract put him on a level with his rivals. By

his size he should have better terms than they. What did he do?

He got a rebate. Seven years later Mr. Rockefeller’s partner, H. M.

Flagler, was called before a commission of the Ohio State Legislature

appointed to investigate railroads. He was asked for the former

contracts between his company and the railroads, and among others he

presented one showing that from “the first of April until the middle of

November, 1872,” their East-bound rate was $1.25, twenty-five cents less

than that set by the agreement of March 25th, between the oil men and

the railroads.[25] The discrepancy between the date Mr. Flagler gives

for this contract and that of Mr. Vanderbilt’s telegram to Mr. Hasson

stating that his road had no contract with the Standard Oil Company,

April 6, and of Mr. Rockefeller’s own telegram stating he had no

contracts with the railroads, April 8, the writer is unable to explain.

How had Mr. Rockefeller been able to get this rebate? Simply as he had

always done—by virtue of the quantity he shipped. He was able to say to

Mr. Vanderbilt, I can make a contract to ship sixty car-loads of oil a

day over your road—nearly 4,800 barrels; I cannot give this to you

regularly unless you will make me a concession; and Mr. Vanderbilt made

the concession while he was signing the contract with the oil men. Of

course the rate was secret, and Mr. Rockefeller probably understood now,

as he had not two months before, how essential it was that he keep it

secret. His task was more difficult now, for he had an enemy active,

clamorous, contemptuous, whose suspicions had reached that acute point

where they could believe nothing but evil of him—the producers and

independent refiners of the Oil Regions. It was utterly impossible that

he should ever silence this enemy, for their points of view were

diametrically opposed.

They believed in independent effort—every man for himself and fair play

for all. They wanted competition, loved open fight. They considered that

all business should be done openly; that the railways were bound as

public carriers to give equal rates; that any combination which favoured

one firm or one locality at the expense of another was unjust and

illegal. This belief long held by many of the oil men had been

crystallised by the uprising into a common sentiment. It had become the

moral code of the region.

Mr. Rockefeller’s point of view was different. He believed that the

“good of all” was in a combination which would control the business as

the South Improvement Company proposed to control it. Such a combination

would end at once all the abuses the business suffered. As rebates and

special rates were essential to this control, he favoured them. Of

course Mr. Rockefeller must have known that the railroad was a common

carrier, and that the common law forbade discrimination. But he knew

that the railroads had not obeyed the laws governing them, that they had

regularly granted special rates and rebates to those who had large

amounts of freight. That is, you were able to bargain with the railroads

as you did with a man carrying on a strictly private business depending

in no way on a public franchise. Moreover, Mr. Rockefeller probably

believed that, in spite of the agreements, if he did not get rebates

somebody else would; that they were for the wariest, the shrewdest, the

most persistent. If somebody was to get rebates, why not he? This point

of view was no uncommon one. Many men held it and felt a sort of scorn,

as practical men always do for theorists, when it was contended that the

shipper was as wrong in taking rates as the railroads in granting them.

Thus, on one hand there was an exaggerated sense of personal

independence, on the other a firm belief in combination; on one hand a

determination to root out the vicious system of rebates practised by the

railway, on the other a determination to keep it alive and profit by it.

Those theories which the body of oil men held as vital and fundamental

Mr. Rockefeller and his associates either did not comprehend or were

deaf to. This lack of comprehension by many men of what seems to other

men to be the most obvious principles of justice is not rare. Many men

who are widely known as good, share it. Mr. Rockefeller was “good.”

There was no more faithful Baptist in Cleveland than he. Every

enterprise of that church he had supported liberally from his youth. He

gave to its poor. He visited its sick. He wept with its suffering.

Moreover, he gave unostentatiously to many outside charities of whose

worthiness he was satisfied. He was simple and frugal in his habits. He

never went to the theatre, never drank wine. He gave much time to the

training of his children, seeking to develop in them his own habits of

economy and of charity. Yet he was willing to strain every nerve to

obtain for himself special and unjust privileges from the railroads

which were bound to ruin every man in the oil business not sharing them

with him. He was willing to array himself against the combined better

sentiment of a whole industry, to oppose a popular movement aimed at

righting an injustice, so revolting to one’s sense of fair play as that

of railroad discriminations. Religious emotion and sentiments of

charity, propriety and self-denial seem to have taken the place in him

of notions of justice and regard for the rights of others.

Unhampered, then, by any ethical consideration, undismayed by the

clamour of the Oil Regions, believing firmly as ever that relief for the

disorders in the oil business lay in combining and controlling the

entire refining interest, this man of vast patience and foresight took

up his work. That work now was to carry out some kind of a scheme which

would limit the output of refined oil. He had put his competitors in

Cleveland out of the way. He had secured special privileges in

transportation, but there were still too many refineries at work to make

it possible to put up the price of oil four cents a gallon. It was

certain, too, that no scheme could be worked to do that unless the Oil

Regions could be mollified. That now was Mr. Rockefeller’s most

important business. Just how he began is not known. It is only certain

that the day after the newspapers of the Oil Regions printed the report

of the Congressional Committee on Commerce denouncing the South

Improvement Company as “one of the most gigantic and dangerous

conspiracies ever attempted,” and declaring that if it had not been

checked in time it “would have resulted in the absorption and arbitrary

control of trade in all the great interests of the country.”[26] Mr.

Rockefeller and several other members of the South Improvement Company

appeared in the Oil Regions. They had come, they explained, to present a

new plan of co-operation, and to show the oil men that it was to their

interest to go into it. Whether they would be able to obtain by

persuasion what they had failed to obtain by assault was now an

interesting uncertainty.

CHAPTER FOUR

“AN UNHOLY ALLIANCE”

ROCKEFELLER AND HIS PARTY NOW PROPOSE AN OPEN INSTEAD OF A SECRET

COMBINATION—“THE PITTSBURG PLAN”—THE SCHEME IS NOT APPROVED BY THE

OIL REGIONS BECAUSE ITS CHIEF STRENGTH IS THE REBATE—ROCKEFELLER NOT

DISCOURAGED—THREE MONTHS LATER BECOMES PRESIDENT OF NATIONAL

REFINERS’ ASSOCIATION—FOUR-FIFTHS OF REFINING INTEREST OF UNITED

STATES WITH HIM—OIL REGIONS AROUSED—PRODUCERS’ UNION ORDER DRILLING

STOPPED AND A THIRTY DAY SHUT-DOWN TO COUNTERACT FALLING PRICE OF

CRUDE—PETROLEUM PRODUCERS’ AGENCY FORMED TO ENABLE PRODUCERS TO

CONTROL THEIR OWN OIL—ROCKEFELLER OUTGENERALS HIS OPPONENTS AND

FORCES A COMBINATION OF REFINERS AND PRODUCERS—PRODUCERS’

ASSOCIATION AND PRODUCERS’ AGENCY SNUFFED OUT—NATIONAL REFINERS’

ASSOCIATION DISBANDS—ROCKEFELLER STEADILY GAINING GROUND.

The feeling of outrage and resentment against the Standard Oil Company,

general in the Oil Regions at the close of the Oil War because of the

belief that it intended to carry on the South Improvement Company in

some new way, was intensified in the weeks immediately following the

outbreak by the knowledge that Mr. Rockefeller had been so enormously

benefited by the short-lived concern. Here he was shipping Eastward over

one road between 4,000 and 5,000 barrels of refined oil a day—oil wrung

from his neighbours by an outrageous conspiracy, men said bitterly. This

feeling was still keen when Mr. Rockefeller and several of his

colleagues in the South Improvement scheme suddenly, in May, 1873,

appeared on the streets of Titusville. The men who had fought him so

desperately now stared in amazement at the smiling, unruffled

countenance with which he greeted them. Did not the man know when he was

beaten? Did he not realise the opinion the Oil Regions held of him? His

placid demeanour in the very teeth of their violence was disconcerting.

Not less of a shock was given the country by the knowledge that Mr.

Rockefeller, Mr. Flagler, Mr. Waring and the other gentlemen in their

party were pressing a new alliance, and that they claimed that their new

scheme had none of the obnoxious features of the defunct South

Improvement Company, though it was equally well adapted to work out the

“good of the oil business.”

For several days the visiting gentlemen slipped around, bland and

smiling, from street corner to street corner, from office to office,

explaining, expostulating, mollifying. “You misunderstand our

intention,” they told the refiners. “It is to save the business, not to

destroy it, that we are come. You see the disorders competition has

wrought in the oil industry. Let us see what combination will do. Let us

make an experiment—that is all. If it does not work, then we can go back

to the old method.”

Although Mr. Rockefeller was everywhere, and heard everything in these

days, he rarely talked. “I remember well how little he said,” one of the

most aggressively independent of the Titusville refiners told the

writer. “One day several of us met at the office of one of the refiners,

who, I felt pretty sure, was being persuaded to go into the scheme which

they were talking up. Everybody talked except Mr. Rockefeller. He sat in

a rocking-chair, softly swinging back and forth, his hands over his

face. I got pretty excited when I saw how those South Improvement men

were pulling the wool over our men’s eyes, and making them believe we

were all going to the dogs if there wasn’t an immediate combination to

put up the price of refined and prevent new people coming into the

business, and I made a speech which, I guess, was pretty warlike. Well,

right in the middle of it John Rockefeller stopped rocking and took down

his hands and looked at me. You never saw such eyes. He took me all in,

saw just how much fight he could expect from me, and I knew it, and then

up went his hands and back and forth went his chair.”

For fully a week this quiet circulation among the oil men went on, and

then, on May 15 and 16, public meetings were held in Titusville, at

which the new scheme which they had been advocating was presented

publicly. This new plan, called the “Pittsburg Plan”[27] from the place

of its birth, had been worked out by the visiting gentlemen before they

came to the Oil Regions. It was a most intelligent and comprehensive

proposition.

As in the case of the South Improvement scheme, a company was to be

formed to run the refining business of the whole country, but this

company was to be an open instead of a secret organisation, and all

refiners were to be allowed to become stockholders in it. The owners of

the refineries who went into the combination were then to run them in

certain particulars according to the direction of the board of the

parent company; that is, they were to refine only such an amount of oil

as the board allowed, and they were to keep up the price for their

output as the board indicated. The buying of crude oil and the

arrangements for transportation were also to remain with the directors.

Each stockholder was to receive dividends whether his plant operated or

not. The “Pittsburg Plan” was presented tentatively. If anything better

could be suggested they would gladly accept it, its advocates said. “All

we want is a practical combination. We are wed to no particular form.”

The first revelation of the public meetings at which the “Pittsburg

Plan” was presented was that in the days Mr. Rockefeller and his friends

had been so diligently shaking hands with the oil men from Titusville to

Oil City they had made converts—that they had not entered these open

meetings until they had secured the assurance of co-operation in any

plan of consolidation which might be effected from some of the ablest

refiners and business men of the creek, notably from J. J. Vandergrift

of Oil City, and from certain firms of Titusville with which John D.

Archbold was connected. All of these persons had fought the South

Improvement Company, and they all now declared that if the proposed

organisation copied that piratical scheme they would have nothing to do

with it, that their allegiance to the plan was based on their conviction

that it was fair to all—who went in!—and that it was made necessary by

over-refining, underselling, and by the certainty that the railroads

could not be trusted to keep their contracts. It was evident that the

possible profits and power to be gained by a successful combination had

wiped out their resentment against the leaders of the South Improvement

Company, and that if they had the assurance, as they must have had, that

rebates were a part of the game, they justified themselves by the

reflection that somebody was sure to get them, and that it might as well

be they as anybody.

The knowledge that a considerable body of the creek refiners had gone

over to Mr. Rockefeller awakened a general bitterness among those who

remained independent. “Deserters,” “ringsters,” “monopolists,” were the

terms applied to them, and the temper of the public meetings, as is

evident from the full reports the newspapers of the Oil Region

published, became at once uncertain. There were long pauses in the

proceedings, everybody fearing to speak. Mr. Rockefeller is not reported

as having spoken at all, the brunt of defense and explanation having

fallen on Mr. Flagler, Mr. Frew and Mr. Waring. Two or three times the

convention wrangled to the point of explosion, and one important

refiner, M. N. Allen, who was also the editor of the Titusville Courier,

one of the best papers in the region, took his hat and left. Before the

end of the convention the supporters of combination ought to have felt,

if they did not, that they had been a little too eager in pressing an

alliance on the Oil Regions so soon after outraging its moral sentiment.

The press and people were making it plain enough, indeed, that they did

not trust the persuasive advocates of reform. On every street corner and

on every railroad train men reckoned the percentage of interest the

stockholders of the South Improvement Company would have in the new

combination. It was too great. But what stirred the Oil Region most

deeply was its conviction that the rebate system was regarded as the

keystone of the new plan. “What are you going to do with the men who

prefer to run their own business?” asked a representative of the Oil

City Derrick of one of the advocates of the plan. “Go through them,” was

reported to be his laconic reply. “But how?” “By the co-operation of

transportation”—that is, by rebates. Now the Oil Region had been too

recently convicted of the sin of the rebate, and had taken too firm a

determination to uproot the iniquitous practice to be willing to ally

itself with any combination which it suspected of accepting privileges

which its neighbours could not get or would not take.

At the very time the association of refiners was under consideration an

attempt was made to win over the producers by offering, through their

union, to buy all their oil at five dollars a barrel for five years. Oil

was four dollars at the time. The producers refused. Such an agreement

could only be kept, they said, by an association which was an absolute

monopoly, fixing prices of refined to satisfy its own greed. All they

wanted of the producer was to be a party to their conspiracy. When they

had destroyed his moral force and completed their monopoly they would

pay him what they pleased for oil, and the price would not be five

dollars! What could he do then? He would be their slave, there would be

no other buyer—could be none, since they would control the entire

transportation system.

The upshot of the negotiations was that again the advocates of

combination had to retire from the Oil Regions defeated. “_Sic semper

tyrannis, sic transit gloria_ South Improvement Company,” sneered the

Oil City Derrick, which was given to sprinkling Latin phrases into its

forceful and picturesque English. But the Derrick underrated both the

man and the principle at which it sneered. A great idea was at work in

the commercial world. It had come to them saddled with crime. They now

saw nothing in it but the crime. The man who had brought it to them was

not only endowed with far vision, he was endowed with an indomitable

purpose. He meant to control the oil business. By one manœuvre, and that

a discredited one, he had obtained control of one-fifth of the entire

refining output of the United States. He meant to secure the other

four-fifths. He might retire now, but the Oil Region would hear of him

again. It did. Three months later, in August, 1872, it was learned that

the scheme of consolidation which had been presented in vain at

Titusville in May had been quietly carried out, that four-fifths of the

refining interest of the United States, including many of the creek

refiners, had gone into a National Refiners’ Association, of which Mr.

Rockefeller was president, and one of their own men, J. J. Vandergrift,

was vice-president. The news aroused much resentment in the Oil Regions.

The region was no longer solid in its free-trade sentiment, no longer

undividedly true to its vow that the rebate system as applied to the oil

trade must end. There was an enemy at home. The hard words which for

months men had heaped on the distant heads of Cleveland and Pittsburg

refiners, they began to pour out, more discreetly to be sure, on the

heads of their neighbours. It boded ill for the interior peace of the

Oil Regions.

The news that the refiners had actually consolidated aroused something

more than resentment. The producers generally were alarmed. If the

aggregation succeeded they would have one buyer only for their product,

and there was not a man of them who believed that this buyer would ever

pay them a cent more than necessary for their oil. Their alarm aroused

them to energy. The association which had scattered the South

Improvement Company was revived, and began at once to consider what it

could do to prevent the consolidated refiners getting the upper hand in

the business.

The association which now prepared to contest the mastery of the oil

business with Mr. Rockefeller and those who had joined him was a curious

and a remarkable body. Its membership, drawn from the length and breadth

of the Oil Regions, included men whose production was thousands of

barrels a day and men who were pumping scarcely ten barrels; it included

college-bred men who had come from the East with comfortable sums to

invest, and men who signed their names with an effort, had never read a

book in their lives, and whose first wells they had themselves “kicked

down.” There were producers in it who had made and lost a half-dozen

fortunes, and who were, apparently, just as buoyant and hopeful as when

they began. There were those who had never put down a dry well, and were

still unsatisfied. However diverse their fortunes, their breeding, and

their luck, there was no difference in the spirit which animated them

now.

[Illustration:

M. N. ALLEN

Independent refiner of Titusville. Editor of the _Courier_, an able

opponent of the South Improvement Company.

]

[Illustration:

JOHN FERTIG

Prominent oil operator. Until 1893 active in Producers’ and Refiners’

Company (independent).

]

[Illustration:

CAPT. WILLIAM HASSON

President of the Petroleum Producers’ Association of 1872.

]

[Illustration:

JOHN L. MC KINNEY

Prominent oil operator. Until 1889 an independent. Now member of the

Standard Oil Company.

]

The president of the association was Captain William Hasson, a young man

both by his knowledge of the Oil Regions and the oil business well

fitted for the position. Captain Hasson was one of the few men in the

association who had been in the country before the discovery of oil. His

father had bought, in the fifties, part of the grant of land at the

mouth of Oil Creek, made in 1796 to the Indian chief Cornplanter, and

had moved on it with his family. Four years after the discovery of oil

he and his partner disposed of 300 acres of the tract they owned for

$750,000. Young Hasson had seen Cornplanter, as the site of his father’s

farm was called, become Oil City; he had seen the mill, blacksmith shop

and country tavern give way to a thriving town of several thousand

inhabitants. All of his interests and his pride were wrapped up in the

industry which had grown up about him. Independent in spirit, vigorous

in speech, generous and just in character, William Hasson had been

thoroughly aroused by the assault of the South Improvement Company, and

under his presidency the producers had conducted their successful

campaign. The knowledge that the same man who had been active in that

scheme had now organised a national association had convinced Captain

Hasson of the necessity of a counter move, and he threw himself

energetically into an effort to persuade the oil producers to devise an

intelligent and practical plan for controlling their end of the

business, and then stand by what they decided on.

Captain Hasson and those who were working with him would have had a much

more difficult task in arousing the producers to action if it had not

been for the general dissatisfaction over the price of oil. The average

price of crude in the month of August, 1872, was $3.47½. The year before

it had been $4.42½, and that was considered a poverty price. It was

pretty certain that prices would fall still lower, that “three-dollar

oil” was near at hand. Everybody declared three dollars was not a

“living price” for oil, that it cost more than that to produce it. The

average yield of the wells in the Oil Region in 1872 was five barrels a

day. Now a well cost at that time from $2,500 to $8,000, exclusive of

the price of the lease. It cost eight to ten dollars a day to pump a

well, exclusive of the royalty interest—that is, the proportion of the

production turned over to the land-owner, usually one-fourth.[28] If a

man had big wells, and many of them, he made big profits on

“three-dollar oil,” but there were comparatively few “big producers.”

The majority of those in the business had but few wells, and these

yielded only small amounts.

If he had been contented to economise and to accept small gains, even

the small producer could live on a much lower price than three dollars;

but nobody in the Oil Regions in 1872 looked with favour on economy, and

everybody despised small things. The oil men as a class had been brought

up to enormous profits, and held an entirely false standard of values.

As the Derrick told them once in a sensible editorial, “their business

was born in a balloon going up, and spent all its early years in the

sky.” They had seen nothing but the extreme of fortune. One hundred per

cent. per annum on an investment was in their judgment only a fair

profit. If their oil property had not paid for itself entirely in six

months, and begun to yield a good percentage, they were inclined to

think it a failure. Now nothing but five-dollar oil would do this, so

great were the risks in business; and so it was for five-dollar oil,

regardless of the laws of supply and demand, that they struggled. They

were notoriously extravagant in the management of their business. Rarely

did an oil man write a letter if he could help it. He used the telegraph

instead. Whole sets of drilling tools were sometimes sent by express. It

was no uncommon thing to see near a derrick broken tools which could

easily have been mended, but which the owner had replaced by new ones.

It was anything to save bother with him. Frequently wells were abandoned

which might have been pumped on a small but sure profit. In those days

there were men who looked on a ten-barrel (net) well as hardly worth

taking care of. And yet even at fifty cents a barrel such a well would

have paid the owner $1,800 a year. The simple fact was that the profits

which men in trades all over the country were glad enough to get, the

oil producer despised. The one great thing which the Oil Regions did not

understand in 1872 was economy. As a matter of fact the oil-producing

business was going through a stage in its natural development similar to

oil refining. Both, under the stimulus of the enormous profits in the

years immediately following the discovery of oil, had been pushed until

they had outstripped consumption. The competition resulting from the

inrush of producers and refiners and the economies which had been worked

out were bringing down profits. The combinations attempted by both

refiners and producers in these years were really efforts to keep up

prices to the extravagant point of the early speculative years.

Now the drop in the price of oil everybody recognised to be due to a

natural cause. Where a year before the production had been 12,000

barrels a day, it was now 16,000. The demand for refined had not

increased in proportion to this production of crude, and oil stocks had

accumulated until the tanks of the region were threatening to overflow.

And there was no sign of falling off. Under these circumstances it

needed little argument to convince the oil men that if they were to get

a better price they must produce no more than the world would use. There

was but one way to effect this—to put down no new wells until the stocks

on hand were reduced and the daily production was brought down to a

marketable amount.

Under the direction of the Producers’ Association an agitation at once

began in favour of stopping the drill for six months. It was a drastic

measure. There was hardly an oil operator in the entire region who had

not on hand some piece of territory on which he was planning to drill,

or on which he had not wells under way. Stopping the drill meant that

all of the aggressive work of his business should cease for six months.

It meant that his production, unreplenished, would gradually fall off,

until at the end of the period he would have probably not over half of

what he had now; that then he must begin over again to build up. It

meant, too, that he was at the mercy of neighbours who might refuse to

join the movement, and who by continuing to drill would drain his

territory. It seemed to him the only way of obtaining a manageable

output of crude, however, and accordingly, when late in the month of

August the following pledge to stop the drill was circulated, the great

majority of the producers signed it:

_Whereas_, The extreme low price of oil requires of producers that

operations therefor shall cease for the present: Now we, the

producers, land-owners and others, residents of the Pennsylvania Oil

Region, do hereby bind ourselves to each other not to commence the

drilling of any more wells for the period of six months from the

first day of September next, not to lease any lands owned or

controlled by us for the purpose of operations during the same

period, and we also agree to use all honourable means to prevent

others from boring. This we agree to, and bind ourselves to each

other under a forfeiture of $2,000 for each well commenced by either

of us within the period above limited—the same to be collected as

any other debt. It is, however, understood by the undersigned that

this forfeiture is not to apply to any wells where the erection of

rigs is completed or under way, or that may be commenced before the

first day of September aforesaid.

The chief objection to this pledge came from land-owners in Clarion

County. They were the “original settlers,” plodding Dutch farmers, whose

lives had always been poor and hard and shut-in. The finding of oil had

made them rich and greedy. They were so ignorant that it was difficult

to transact business of any nature with them. It was not unusual for a

Clarion County farmer, if offered an eighth royalty, to refuse it on the

ground that it was too little, and to ask a tenth. A story used to be

current in the Oil Regions of a producer who, returning from an

unsuccessful land hunt in Clarion County was asked why he had not

secured a certain lease. “Well,” he said, “farmers wanted seven-eighths

of the oil as a royalty, wanted me to furnish barrels and to paint

_both_ heads. I agreed to everything but the last. I could afford to

paint but one head, and so he wouldn’t sign the lease.” When the

proposition to stop the drill for six months was brought to these men,

who at the time owned the richest territory in the oil field, no amount

of explanation could make them understand it. They regarded it simply as

a scheme to rob them, and would not sign. Outside of this district,

however, the drill stopped over nearly all the field on the first of

September.

There was nothing but public opinion to hold the producers to their

pledge. But public opinion in those days in the Oil Regions was fearless

and active and asserted itself in the daily newspapers and in every

meeting of the association. The whole body of oil men became a vigilance

committee intent on keeping one another loyal to the pledge. Men who

appeared at church on Sunday in silk hats, carrying gold-headed

canes—there were such in the Oil Region in 1872—now stole out at night

to remote localities to hunt down rumours of drilling wells. If they

found them true, their dignity did not prevent their cutting the tools

loose or carrying off a band wheel.

Stopping the drill afforded no immediate relief to the producers. It was

for the future. And as soon as the Petroleum Producers’ Association had

the movement well under way, it proposed another drastic measure—a

thirty days’ shut-down—by which it was meant that all wells should cease

pumping for a month. Nothing shows better the compact organisation and

the determination of the oil producers at this time than the immediate

response they gave to this suggestion. In ten days scarcely a barrel of

oil was being pumped from end to end of the Oil Regions. “That a

business producing three million dollars a month, employing 10,000

labouring men and fifty million dollars of capital, should be entirely

suspended, dried up, stopped still as death by a mutual voluntary

agreement, made and perfected by all parties interested, within a space

of ten days—this is a statement that staggers belief—a spectacle that

takes one’s breath away,” cried the Derrick, which was using all its

wits to persuade the producers to limit their production. It was

certainly a spectacle which saddened the heart, however much one might

applaud the grim resolution of the men who were carrying it out. The

crowded oil farms where creaking walking-beams sawed the air from

morning until night, where engines puffed, whistles screamed, great gas

jets flared, teams came and went, and men hurried to and fro, became

suddenly silent and desolate, and this desolation had an ugliness all

its own—something unparalleled in any other industry of this country.

The awkward derricks, staring cheap shanties, big tanks with miles and

miles of pipe running hither and thither, the oil-soaked ground,

blackened and ruined trees, terrible roads—all of the common features of

the oil farm to which activity gave meaning and dignity—now became

hideous in inactivity. Oil seemed a curse to many a man in those days as

he stood by his silent wells and wondered what was to become of his

business, of his family, in this clash of interests.

While the producers were inaugurating these movements, Captain Hasson

and a committee were busy making out the plan of the permanent

association which was to control the business of oil-producing and

prevent its becoming the slave of the refining interest. The knowledge

that such an organisation was being worked out kept the oil country in a

ferment. In every district suggestions, practical and impractical, wise

and foolish, occupied every producers’ meeting and kept the idle oil men

discussing from morning until night. At one mass-meeting the following

resolution was actually passed by a body of revengeful producers:

_Resolved_, that to give a wider market throughout the world to

petroleum, to enhance its price and to protect producers from unjust

combinations of home refiners, a committee be appointed to ask the

representatives of foreign governments at Washington to request

their respective governments to put a proper tariff on refined oil

and to admit crude oil free into the ports of their respective

governments.

Toward the end of October Captain Hasson presented the scheme which he

and the committee had prepared. It proposed that there should be

established what was called a Petroleum Producers’ Agency.[29] This

agency was really an incorporated company with a capital of one million

dollars, the stock of which was to be subscribed to only by the

producers or their friends. This agency was to purchase all the oil of

the members of the association at at least five dollars a barrel. If

stocks could be kept down so that the market took all of the oil at

once, the full price was to be paid at once in cash; if not, the agency

was to store the oil in tanks it was to build, and a portion of the

price was to be paid in tank certificates. By thus controlling all the

oil, the agency expected to protect the weakest as well as the strongest

producer, to equalise the interest of different localities, to prevent

refiners and exporters from accumulating stocks, and to prevent gambling

in oil. The agency was to take active means to collect reliable

information about the oil business—the number of wells drilling, the

actual production, the stocks on hand—things which had never been done

to anybody’s satisfaction. Indeed, one of the standing causes for

quarrels between the various newspapers of the region was their

conflicting statistics about production and stocks. It was to make a

study of the market and see what could be done to increase consumption.

It was to oppose monopolies and encourage competition, and, if

necessary, it was to provide co-operative refineries which the producers

should own and control.

The spirit of the agency, as explained by Captain Hasson, was most

liberal, considering the interests of even the drillers and pumpers.

“Advise every employee to take at least one share of stock for himself,”

he said in his address, “and one for his wife and each of his children,

and encourage him to pay for it out of his saved earnings or out of his

monthly pay. If he is not able to keep up his instalments, assure him

that you will help him, and then take care to do it. You will thus do

him a double kindness, and benefit his family by encouraging habits of

thrift and economy. You owe this much to him who so nobly seconded your

efforts to gain control of the market by stopping work. You had all to

gain, and he had nothing to hope for but your benefit. Now show your

appreciation of his acts by this evidence of your regard for his

welfare.”

The plan was received with general enthusiasm, and when it came up for

adoption it went through with a veritable whoop. Indeed, within a few

moments after its official acceptance, which took place in Oil City on

October 24, $200,000 worth of stock was taken, and less than two weeks

later it was announced that more than the desired million dollars had

been subscribed, that the trustees and officers had been elected, and

that the agency was ready for work. For the first time in the history of

the oil business the producers were united in an organisation, which, if

carried out, would regulate the production of oil to something like the

demand for it, would prevent stocks from falling into the hands of

speculators, and would provide a strong front to any combination with

monopolistic tendencies. Only one thing was necessary now to make the

producer a fitting opponent to his natural enemy, the refiner. That

thing was loyalty to the agency he had established. The future of the

producer at that moment was in his own hand. Would he stick? By every

sign he would. He thought so himself. He had acted so resolutely and

intelligently up to this point that even Mr. Rockefeller seems to have

thought so.

During the entire three months that the producers had been organising,

the refiners had been making divers overtures to them. In August several

of the refiners sought certain of the big producers and privately

proposed a two-headed combination which should handle the whole

business, from drilling to exportation. The proposition they made was

most alluring to men suffering from low prices. “Carry out your plans to

limit your production and guarantee to sell only to us,” said Mr.

Rockefeller’s representative, “and we will give you four dollars a

barrel for your oil. We will also establish a sliding scale, and for

every cent a gallon that refined oil advances we will give you

twenty-five cents more on your barrel of crude.” The market price of

crude oil, when this offer was made, was hovering around three dollars.

“How,” asked the producer, “can you do this?” “We expect, by means of

our combination, to get a rebate of seventy-five cents a barrel,” was

the answer. “But the railroads have signed an agreement to give no

rebates,” objected the producers.

“As if the railroads ever kept an agreement,” answered the worldly-wise

refiners. “Somebody will get the rebates. It is the way the railroads do

business. If it is to be anybody, we propose it shall be our

combination.” Now it was clear enough to the men approached that the

great body of their association would never go into any scheme based on

rebates, and they said so. The refiners saw no disadvantage in that

fact. “We don’t want _all_ the producers. We only want the big ones. The

small producer under our arrangement must die, as the small refiner

must.” The proposition never got beyond the conference chamber. It was

too cynical. Several conferences of the same nature took place later

between representatives of the two interests, but nothing came of them.

The two associations were kept apart by the natural antagonism of their

ideals and their policy. Captain Hasson and his followers were working

on an organisation which aimed to protect the weakest as well as the

strongest; which welcomed everybody who cared to come into the business;

which encouraged competition and discountenanced any sort of special

privilege. Mr. Rockefeller and his associates proposed to save the

strong and eliminate the weak, to limit the membership to those who came

in now, to prevent competition by securing exclusive privileges. Their

program was cold-blooded, but it must be confessed that it showed a much

firmer grasp on the commercial practices of the day, and a much deeper

knowledge of human nature as it operates in business, than that of the

producers.

The formation of the Producers’ Agency brought the refiners back to the

Oil Regions in greater earnest than ever. The success of that

organisation gave them an active antagonist, one which, as it held the

raw material, could at any time actually shut up their refineries by

withholding oil. The vigour, the ability, the determination the new

organisation had displayed made it a serious threat to the domination

Mr. Rockefeller and his associates had dreamed. It must be placated. On

November 8, immediately after it was announced that the entire million

dollars’ worth of stock was taken, an agent of the Standard Oil Company

in Oil City was ordered to buy oil from the agency—6,000 barrels of oil

at $4.75 a barrel—and the order was followed by this telegram from Mr.

Rockefeller:

“It has been represented to us that if we would buy of the

producers’ agent at Oil City and pay $4.75 per barrel, they would

maintain the price. We are willing to go farther and buy only of the

producers’ agent, hence the order we have given you. See Hasson and

others and let there be a fair understanding on this point. We will

do all in our power to maintain prices, and continue to buy,

provided our position is fully understood. We do this to convince

producers of our sincerity, and to assist in establishing the

market.”

A more adroit move could not have been made at this moment. This

purchase was a demonstration that the Refiners’ Association could and

would pay the price the producers asked; that they asked nothing better,

in fact, than to ally themselves with the agency. The events of the next

three weeks, on the contrary, showed the agency that it would be some

time before anybody else would pay them any such price as that Mr.

Rockefeller promised. The reason was evident enough. In spite of the

stopping of the drill, in spite of the thirty days’ shut-down,

production was increasing. Indeed, the runs[30] for November were

greater than they had ever been in any single month since the beginning

of the oil business. A large number of wells under way when the drill

was stopped had “come in big.” New territory had been opened up by

unexpected wildcats. The shut-down had done less than was expected to

decrease stocks. It was evident that the Producers’ Association had a

long and severe task before it to bring the crude output down to

anything like the demand. Could the great body of producers be depended

upon to take still further measures to lessen their production, and at

the same time would they hold their oil until the agency had the mastery

of the situation? Their tanks were overflowing. Many of them were in

debt and depending on their sales to meet their obligations—even to meet

their daily personal expenses. It was little wonder that they grew

restive as they began to realise that the agency in which they had seen

immediate salvation from all their ills could only be made effective by

months more of self-sacrifice, of agitation, of persistent effort from

every man of them. With every day they became more impatient of the

bonds the agency had set for them, and the leaders soon realised that

some immediate tangible results must be given the mass of oil men, or

there was danger of a stampede.

A strong feature of the genius of John D. Rockefeller has always been

his recognition of the critical moment for action in complicated

situations. He saw it now, and his representatives again came to the

creek seeking an alliance. Their arguments, as they found their way from

the private meetings into the press and the street, ran something like

this: “Our combination is the only big buyer. We are in the thing to

stay, and shall remain the only big buyer. You might erect refineries

and oppose us, but it would take months, and while you are waiting how

are you going to hold the producers? You cannot do it. We can easily get

all the oil we want to-day at our own price from the men who sell from

necessity, and yet your agency is in the first flush of enthusiasm. Sell

only to us and we will buy 15,000 barrels a day from you. Refuse an

alliance with us and you will fail.”

Overwhelmed by the length and severity of the struggle before them if

they insisted on independence, fearful lest the scattered and restless

producers could not be held much longer, convinced by their confident

arguments that the refiners could keep their promise, the council

finally agreed to a plan of union which the Derrick dubbed the “Treaty

of Titusville.” A terrible hubbub followed the announcement that a

treaty was proposed and would probably be adopted by the association.

The same old arguments which had greeted each overture from the refiners

were gone over again. It would be a monopoly. The price they offered for

crude depended upon their getting an unnaturally high price for refined.

The markets of the world would refuse to pay this price when it was

discovered that it was kept up by an agreement which was contrary to the

laws of supply and demand. And, besides, the parties could not trust

each other. “_Timeo Danaos et dona ferentes._” Liberal translation—“Mind

your eye when the Cleveland refiners get generous,” cautioned the

Derrick. As always, the ghost of the South Improvement Company was

between them. On the other hand, it was argued that it was Hobson’s

choice, “combine or bust,” there is no other market. We cannot wait for

one. We have a million barrels of oil on hand—the refiners will take

15,000 barrels a day for “spot cash.” And after all, concluded the

“philosophical,” if you can’t do as well as you want to, do the best you

can.

[Illustration:

JAMES S. TARR

Owner of the “Tarr Farm,” one of the richest oil territories on Oil

Creek.

]

[Illustration:

WILLIAM BARNSDALL

The second oil well on Oil Creek was put down by Mr. Barnsdall.

]

[Illustration:

JAMES S. MCCRAY

Owner of the McCray Farm near Petroleum Centre.

]

[Illustration:

WILLIAM A. ABBOTT

One of the most prominent of the early oil producers, refiners and

pipe-line operators.

]

On December 12 the proposed treaty was laid before the producers at Oil

City. It aroused a debate so acrimonious that even the Derrick

suppressed it. Captain Hasson led the opposition. In his judgment there

was but one course for the producers—to keep themselves free from all

entanglements and give themselves time to build up solidly the structure

they had planned. If they had followed his advice the whole history of

the Oil Regions would have been different. But they did not follow it.

The treaty was ratified by a vote of twenty-seven to seven. The

excitement and the personalities the association indulged in at their

meeting augured ill for its future, but when a week later a committee

sent to see the refiners came back from New York with a contract signed

by Mr. Rockefeller,[31] the president, and bearing with them an order

for 200,000 barrels of oil at $3.25, there was a general feeling that,

after all, an alliance might not be so bad a thing. 200,000 barrels was

a big order and would do much to relieve their distress. Their formal

sense was quieted, too, by the assurance that the producers before

signing the contract had insisted that the Refiners’ Combination enter

into an agreement to take no rebates as long as the alliance lasted. The

main points of the agreement decided upon were that the Refiners’

Association should admit all _existing_ refiners to its society, and the

Producers’ Association _all_ producers present and to come—that the

former company should buy only of the latter, the latter sell only to

the former, and that the agency should bind all producers enjoying its

privileges to handle their oil through it. The refiners were to buy such

daily quantities as the markets of the world would take and at a price

governed by the price of refined, five dollars per barrel when refined

was selling at twenty-six cents a gallon. Either association could

discontinue the agreement on ten days’ notice. The producers, before

signing the contract, insisted that the Refiners’ Combination sign an

agreement to take no rebates as long as the alliance lasted. This

agreement in regard to rebates read as follows:

“_Whereas_, it is deemed desirable to execute a contract of even

date herewith between the Petroleum Producers’ Association and the

Petroleum Refiners’ Association for the purpose of securing a

co-operation for mutual protection, it is agreed by the Refiners’

Association that sections one and three of a contract made the 25th

of March, 1872, between certain trunk lines of railroads and a

committee of producers and refiners shall be and remain in full

force.

“Petroleum Refiners’ Association,

“JOHN D. ROCKEFELLER, _President_.”

The sections of the contract of the 25th of March referred to agreed

that no rebates or contracts or other arrangements should be made which

would give any party the slightest difference in rates, and that the

rates should not be changed either for increase or decrease without

first giving Mr. Hasson, the president of the Producers’ Union, at least

ninety days’ notice in writing. As we now know, Mr. Rockefeller himself

was receiving rebates when he signed this agreement.

And now, at last, after five months of incessant work, the agency was

ready to begin disposing of oil. They set to work diligently at once to

apportion the 200,000 barrels the refiners had bought among the

different districts. It was a slow and irritating task, for a method of

apportionment and of gathering had to be devised, and, as was to be

expected, it aroused more or less dissatisfaction and many charges of

favouritism. The agency had the work well under way, however, and had

shipped about 50,000 barrels when, on January 14, it was suddenly

announced that the refiners had _refused to take any more of the

contract oil_!

There was a hurried call of the Producers’ Council and a demand for an

explanation. A plausible one was ready from Mr. Rockefeller. “You have

not kept your part of the contract—you have not limited the supply of

oil[32]—there is more being pumped to-day than ever before in the

history of the region. We can buy all we want at $2.50, and oil has sold

within the week at two dollars. If you will not, or cannot, stop

over-production, can you expect us to pay your price? We keep down the

output of refined, and so keep up the price. If you will not do the

same, you must not expect high prices.”

What could the producers reply? In spite of their heroic measures, they

had not been able to curtail their output. It seemed as if Nature,

outraged that her generosity should be so manipulated as to benefit only

the few, had opened her veins to flood the earth with oil, so that all

men might know that here was a light cheap enough for the poorest of

them. Her lavish outpouring now swept away all of the artificial

restraints the producers and refiners had been trying to build. The

Producers’ Association seemed suddenly to comprehend their folly in

supposing that when 5,000 barrels more of oil was produced each day than

the market demanded any combination could long keep the contract the

refiners had made with them; and their unhappy session, made more

unhappy by the reading of bitter and accusing letters from all over the

discontented region, ended in a complete stampede from the refiners, the

vote for dissolving the alliance having but one dissenting voice.

There were few tears shed in the Oil Regions over the rupture of the

contract. The greater part of the oil men had called it from the

beginning an “unholy alliance,” and rejoiced that it was a fiasco. If

the alliance had been all that came to an end, the case would not have

been so serious, but it was not. The breaking of the alliance proved the

death of the agency and the association. The leaders who had disapproved

of the treaty withdrew from active work; the supporters of the alliance,

demoralised by its failure, were glad to keep quiet. A few spasmodic

efforts to stop the drill, to inaugurate another shut-down, were made,

but failed. Most of the producers felt that, as oil was so low, their

only safety was in getting as large a production as they could, and a

perfect fever of development followed. The Producers’ Association, after

ten months of as exciting and strenuous effort as an organisation has

ever put in, was snuffed out almost in a day. It was to be five years

before the oil men recovered sufficiently from the shock of this

collapse to make another united effort. If Mr. Rockefeller felt in the

fall of 1872 that the “good of the oil business” required the

dissolution of the Producers’ Agency, he could not have acted with more

acumen than he did in leading them into an alliance, and at the

psychological moment throwing up his contract.

Humiliated as the producers were by their failure, they soon found

consolation in the knowledge that the Refiners’ Association was in

trouble. A serious thing, in fact, had happened. When the official

report of the year’s exports and imports came out, it was shown that the

exports of refined oil had fallen off for the first time in the history

of the business. In 1871, 132,178,843 gallons had been exported. In

1872, only 118,259,832 were exported. Just as alarming was the proof

that the shale and coal-oil refineries of Europe had taken a fresh

start—that they were selling their products more cheaply than kerosene

could be imported and sold. There was a general outcry from all over the

country that Mr. Rockefeller and his associates were running the oil

business by keeping up the price of refined oil beyond what the price of

crude justified. The producers, eager for a scapegoat, argued that the

low price of crude was due to decreased consumption as well as

over-production, and their ill-will against Mr. Rockefeller flared up

anew. In the meantime the Refiners’ Association was having troubles of

its own. The members were not limiting their output as they had

agreed—that is, it was discovered every now and then that a refinery was

making more oil than Mr. Rockefeller had directed. Again, what was more

fatal to the success of the association, members sometimes sold at a

lower price than that set by Mr. Rockefeller. These restrictions were

fundamental to the success of the combination, and the members were

called together at Saratoga in June, 1873, and after a long session the

association was dissolved.

There was loud exultation in the unthinking part of the Oil Regions over

the dissolution of the refiners. The “Junior Anaconda” was dead. The

wiser part of the region did not exult. They knew that though the

combination might dissolve, the Standard Oil Company of Cleveland still

controlled its one-fifth of the capacity of the country; that not only

had Mr. Rockefeller been able to hold the twenty refineries he had

bolted so summarily at the opening of 1872, but he had assimilated them

so thoroughly that he was making enormous profits. Mr. Rockefeller’s

contracts with the Central Railroad alone in 1873 and 1874 obliged him

for seven months of the year to ship at least 100,000 barrels of refined

oil a month to the seaboard. As a matter of fact he never shipped less

than 108,000 barrels, and in one month of the period it rose to

180,000.[33] Now in 1873 he made, at the very lowest figure, three cents

a gallon on his oil. Estimating his shipments simply at 700,000 barrels

a year—and they were much more—his profits for that year were

$1,050,000, and this accounts for no profits on about thirty-five per

cent. of the Standard output, which was sold locally or shipped

Westward. Little wonder that the Cleveland refiners who had been snuffed

out the year before, and who saw their plants run at such advantage,

grew bitter, or that gossip said the daily mail of the president of the

Standard Oil Company was enlivened by so many threats of revenge that he

took extraordinary precautions about appearing unguarded in public.

It is worth noticing that these great profits were not being used for

private purposes. In 1872 the Standard Oil Company paid a dividend of

thirty-seven per cent., but in 1873 they cut it to fifteen per cent. The

profits were going almost solidly into the extension and solidification

of the business. Mr. Rockefeller was building great barrel factories,

thus cutting down to the minimum one of a refiner’s heaviest expenses.

He was buying tank cars that he might be independent of the vagaries of

the railroads in allotting cars. He was gaining control of terminal

facilities in New York. He was putting his plants into the most perfect

condition, introducing every improved process which would cheapen his

manufacturing by the smallest fraction of a cent. He was diligently

hunting methods to get a larger percentage of profit from crude oil.

There was, perhaps, ten per cent. of waste at that period in crude oil.

It hurt him to see it unused, and no man had a heartier welcome from the

president of the Standard Oil Company than he who would show him how to

utilise any proportion of his residuum. In short, Mr. Rockefeller was

strengthening his line at every point, and to no part of it was he

giving closer attention than to transportation.

CHAPTER FIVE

LAYING THE FOUNDATIONS OF A TRUST

EVIDENCE OF REAPPEARANCE OF REBATES SOON AFTER AGREEMENT OF MARCH 25

IS SIGNED—PRINCIPLE THOROUGHLY ESTABLISHED THAT LARGE SHIPPERS SHALL

HAVE ADVANTAGES OVER SMALL SHIPPERS IN SPITE OF RAILROADS’ DUTY AS

COMMON CARRIERS—AGREEMENT WORKED OUT BY WHICH THREE ROADS ARE TO

HAVE FIXED PERCENTAGE OF EASTERN SHIPMENTS—OIL REGIONS ROBBED OF

THEIR GEOGRAPHICAL ADVANTAGE—THE RUTTER CIRCULAR—ROCKEFELLER NOW

SECRETLY PLANS REALISATION OF HIS DREAM OF PERSONAL CONTROL OF THE

REFINING OF OIL—ORGANISATION OF THE CENTRAL ASSOCIATION—H. H.

ROGERS’ DEFENCE OF THE PLAN—ROCKEFELLER’S QUIET AND

SUCCESSFUL CANVASS FOR ALLIANCES WITH REFINERS—THE REBATE HIS

WEAPON—CONSOLIDATION BY PERSUASION OR FORCE—MORE TALK OF A UNITED

EFFORT TO COUNTERACT THE MOVEMENT.

Throughout 1872, while the producers and refiners were working out

associations and alliances to regulate the output of crude and refined

oil, the freight rates over the three great oil-carrying roads were

publicly supposed to be those settled by the agreement of March 25.

Except by the sophisticated it was believed that the railroads were

keeping their contracts. The Lake Shore and Michigan Southern and the

New York Central had never kept them, as we have seen. Mr. Flagler’s

statement that the Standard received a rebate of twenty-five cents a

barrel from April 1 to November 15, 1872, would seem to show that while

with one hand Mr. Clark and Mr. Vanderbilt signed the agreement with the

oil men that henceforth freights should be “on a basis of perfect

equality to all shippers, producers and refiners, and that no rebates,

drawbacks, or other arrangements of any character should be made or

allowed that would give any party the slightest difference in rates or

discriminations of any character whatever,” with the other they had

signed an arrangement to give a twenty-five-cent rebate to Mr.

Rockefeller! They certainly had a strong incentive for ignoring their

pledge. Consider what Mr. Rockefeller could offer the road—sixty

car-loads of oil a day, over 4,000 barrels. General Devereux points out

in the affidavit already mentioned[34] what this meant. It permitted

them to make up a solid oil train and run it out every day. By running

nothing else they reduced the average time of a freight car from

Cleveland to New York and return from thirty days to ten days. The

investment for cars to handle their freight was reduced by this

arrangement to about one-third what it would have been if several

different persons were shipping the same amount every day. Promptness

was insured in forwarding and returning (a drawback of from fifty

dollars to $150 a day accrued if it was late, so that the Standard was

bound to ship promptly), and all the inconvenience of dealing with many

shippers each with his peculiar whim or demand was avoided. It was

certainly worth a rebate to the Central, and the Central not having any

prejudices in favour of keeping agreements because they were agreements

naturally conceded what Mr. Rockefeller wanted. There was another point.

If the Central did not concede to Mr. Rockefeller’s terms it undoubtedly

would lose the freight. There was the lake and the canal and there was

the Erie!

Now it is not supposable that such an arrangement would go on long

without leaking out in the upper oil circles. We have evidence that it

did not. Indeed, there was among certain intelligent oil men a

conviction when the agreement was signed that the New York roads would

not regard it—that if they did it would ruin the refining business of

Cleveland. W. T. Scheide, a member of the oil men’s committee making

this contract, the agent of one of the largest oil shippers in the

country, Adnah Neyhart, in some frank and suggestive testimony given to

the Hepburn Committee in 1879, said that at the time the arrangement was

made he did not think anybody connected with the business expected it

would last. “My reason for that was that it was an impossible

agreement,” said Mr. Scheide. “The immediate effect of it would have

been to have utterly destroyed fifty-five per cent. of the refining

interest of the country; that is to say, Cleveland and Pittsburg, which

during the previous four years had shipped fifty-five per cent. of all

the oil out of the Oil Regions—they, in addition to paying the rates of

freights which all other refiners would have had to pay, were required

to pay fifty cents a barrel on their crude oil to their works.” The

refiners in Cleveland and Pittsburg had of course always paid to get

crude oil to their works, even the South Improvement Company tariffs

provided for that, and under that arrangement Cleveland had come to be

in 1871 the chief refining centre of the country. The chairman of the

committee examining Mr. Scheide suggested it was a “temporary

impossibility which would have adjusted itself,” which Mr. Scheide

admitted. “Yes, sir, naturally, it would have adjusted itself I suppose,

but the effect was very marked at the time.”

So strong was Mr. Scheide’s conviction that the New York roads would not

stand the new rates that on the 10th of April he went to the

Pennsylvania railroad and asked for a rebate on Mr. Neyhart’s crude

shipments—and got it. What the rebate was he does not state, but Mr.

Flagler tells us in his testimony[35] that in December he discovered

that the Pennsylvania was shipping for as low as $1.05 a barrel. And for

one month he got from Mr. Vanderbilt a rate of $1.05 on his 4,000

barrels a day.

Mr. Scheide was also shipping refined oil over the Erie. George R.

Blanchard, who in October, 1872, became the general freight agent of the

Erie, told the Hepburn Committee in 1879 that he found on entering his

position that $7,000 in rebates had been paid Mr. Scheide for Mr.

Neyhart in the month of September, 1872, on this refined. He does not

say how long this had been going on. Mr. Blanchard found at the same

time the March 25 agreement. He asked why it was not observed, and the

reply convinced him that it had not been kept more than two weeks by the

Pennsylvania and Central systems. “The representations made to me,” says

Mr. Blanchard, “also convinced the Atlantic and Great Western as to what

our rivals were doing, and that railway company and our own decided to

continue to pay the twenty-four cents per barrel drawback then being

paid on the rate of $1.35, provided by their producers’ agreement of

March 25, 1872.”

But Mr. Blanchard was shipping only Mr. Neyhart’s refined, and naturally

he looked for more business and was willing to give a rebate to get it.

He soon had some from another of the oil men who had signed the

agreement of March 25. This was Mr. Bennett, of Titusville, who with J.

D. Archbold and his other partners entered into a contract with Mr.

Blanchard to ship their entire product for a year at a rate considerably

below the one agreed upon on March 25.[36] The contract was a

short-lived one, for in November Mr. Bennett and his partners turned

their shipments over to the Pennsylvania. The Erie had some

compensation, however, in the fact that in July, 1873, Mr. Neyhart’s

crude shipments had all come to them. Mr. Scheide, Mr. Neyhart’s agent,

explained to the Hepburn Commission that he left the Pennsylvania

because of what he considered “very bad treatment—a discrimination

against us in furnishing us cars.” The Pennsylvania had indeed

undertaken to carry out the clause in the agreement of March 25 which

stipulated that there should be no discrimination in furnishing cars.

Mr. Scheide, considering himself “their shipper,” that is, shipping

larger quantities more regularly than anybody else, and as a consequence

having better rates, thought it unfair that the cars should be pro

rated,[37] and left the road, giving his business to the Erie, where

presumably he got assurances that cars would be furnished to shippers

according to the quantity and regularity of shipments. Mr. Scheide’s

excellent testimony is good evidence of how deep a hold the principle

that the large shippers are to have all the advantages had taken hold of

some of the best men in the oil country, although the oil country as a

whole utterly repudiated the “rebate business.” These details, all drawn

from sworn testimony, show how, before a year had passed after the end

of the Oil War, all the roads were practising discrimination, how a few

shippers were again engaged in a scramble for advantages, and how the

big shippers were bent on re-establishing the principle supposed to have

been overthrown by the Oil War that one shipper is more convenient and

profitable for a road than many, and this being so, the matter of a

road’s duty as a common carrier has nothing to do with the question.[38]

This was the situation when in June, 1873, General Devereux, whom we

have met on the Lake Shore road, became president of the Atlantic and

Great Western. Now at this time Peter H. Watson, the president of the

South Improvement Company, was president of the Erie. The two at once

looked into the condition of their joint oil traffic. They found the

rebate system abolished a year before again well intrenched.

Nevertheless the Erie was not doing much business. The entire shipments

of oil over the Erie for 1873 were but 762,000 barrels out of a total of

4,963,000. Naturally they went to work to build up a trade, and their

relations being what they had been with the Standard, the company

controlling a third of the country’s refining capacity, they went to

them to see if they could not get a percentage of their seaboard

shipments from Cleveland. Mr. Rockefeller was willing to give them

shipments if they would make the rates as low as were given to any of

his competitors on any of the roads, and if they would deliver his oil

at Hunter’s Point, Brooklyn, where he had oil yards, and where the

Central delivered, or if they would not do that if they would lease

their own oil yards to him. There was an excellent business reason for

making that latter demand, which Mr. Blanchard explained to the Hepburn

Commission:

“The Standard,” said Mr. Blanchard, “had a force of men, real estate,

houses, tanks and other facilities at Hunter’s Point for receiving and

coopering the oil; and they had their cooperage materials delivered over

there. The arrangement prior to that time was that the Erie Company

performed this service for its outside refiners at Weehawken, for which

the Erie Company made specific charges and added them to their rates for

freight. The Standard Company said to us: ‘We do the business at low

cost at Hunter’s Point because we are expert oil men and know how to

handle it; we pay nobody a profit, and cannot and ought not to pay you a

profit for a service that is not transportation any more than inspecting

flour or cotton; and the New York Central delivers our oil at that

point. Now if you will deliver our oil at Hunter’s Point and permit us

to do this business, you may do so; we want to do that business, and we

cannot pay to the Erie Railway Company at Weehawken a profit on all of

those staves, heads, cooperage, filling, refilling and inspection, for

we have our own forces of men and our own yards necessary for this work

in another part of the harbour of New York; and it is not a part of your

business as a carrier, anyway.’

“In lieu thereof and for the profits that we could have made from the

aggregate of these charges, we said to them: ‘If you will pay us a fixed

profit upon each one of these barrels of oil arriving here, you may take

the yards and run them subject to certain limitations as to what you

shall do for other people who continue to ship oil to the same yards.’

They were only able to make this arrangement with us because of their

controlling such a large percentage of shipment, and because of

permanent facilities in Brooklyn; if the larger percentage of shipments

had belonged to outside parties, and they had had no yards of their own,

we would probably have retained the yards ourselves.”

A contract was signed on April 17, 1874. By it the Standard agreed to

ship fifty per cent. of the products of its refineries by the Erie at

rates “no higher than is paid by the competitors of the Standard Oil

Company from competing Western refineries to New York by all rail

lines,” and to give all oil patrons of the Erie system a uniform price

and fair and equal facilities at the Weehawken yards.[39] It was a very

wise business deal for both parties. It made Mr. Rockefeller the

favoured shipper of a second trunk line (the Central system was already

his) and it gave him the control of that road’s oil terminal so that he

could know exactly what other oil patrons of the road were doing—one of

the advantages the South Improvement contract looked out for, it will be

remembered. As for the Erie, it tied up to them an important trade and

again put them into a position to have something to say about the

division of the oil traffic, the bulk of which outside of the Standard

Oil Company the Pennsylvania was handling. In connection with the

Central the Erie now said to the Pennsylvania that henceforth they

proposed to maintain their position as oil shippers.

The natural result of the determination of the Central and Erie to get

from the Pennsylvania a percentage of its freight was, of course,

increased cutting, and it looked as if a rate war was inevitable. At

this juncture Colonel Potts of the Empire Transportation Company,

handling all of the Pennsylvania freight, suggested to his rivals that

it would be a favourable time for the three trunk lines to pool their

seaboard oil freight. In the discussions of this proposition, which, of

course, involved a new schedule of rates, there being now practically

none, it was suggested that henceforth freights be so adjusted that they

would be equal to all refiners, on crude and refined from all points.

Such an equalisation seems at first glance an unsolvable puzzle. The

agents found it intricate enough. Throughout the summer of 1874 they

worked on it, holding meetings at Long Branch and Saratoga and calling

into their counsels a few of the leading refiners, pipe-line men and

producers whom they could trust to keep quiet about the project.

By the first of September they had an agreement worked out by which each

of the three roads was to have a fixed percentage of Eastern shipments.

The rates to the seaboard were to amount to the same for all refiners

wherever located. That is, to use one of the illustrations employed by

Mr. Blanchard in explaining the scheme to the Hepburn Commission:

“Suppose 100 barrels of refined oil to have been sent from Cleveland to

New York by rail; the consignee was required to first pay freight

therefor at New York upon delivery $1.90; to make this quantity of

refined oil at that time, he had already paid freight on say 133½

barrels of crude oil from the pipes to Cleveland at thirty-five cents

per barrel or say $46.67; he had therefore paid out from the pipes to

the refinery and thence to New York by transportation only, on 100

barrels refined and the quantity of crude oil required to make it,

$236.67 or $2.37 per barrel; therefore, at the end of the month we

refunded the $46.67 already paid on the crude oil. So that the rate paid

net was $1.90 to him and all other refiners.”

[Illustration:

FLEET OF OIL BOATS AT OIL CITY IN 1864

]

In case of the refineries situated at the seaboard the cost of carrying

from the Oil Regions the 133½ barrels of crude oil required to make 100

barrels of refined was made exactly the same as carrying the 100 barrels

of refined made in the West and transported East. This really amounted

to charging nothing for getting the crude oil to a refinery wherever it

was situated, as the following clause in the agreement shows: “The roads

transporting the refined oil shall refund to the refiners as a drawback

the charges paid by them upon the crude oil reaching their refineries by

rail.” This paragraph provided for this crude rebate contained a second

clause, which read: “And the roads transporting through crude oil to the

Eastern seaboard shall refund to the shippers twenty-two cents per

barrel; both of said drawbacks to be paid only on oil reaching the

initial points of rail shipment, through pipes, the owners of which

maintain agreed rates of pipage.” The paragraph announced two new and

startling intentions on the part of the oil-carrying roads: first, that

they intended to strip the Oil Regions of the advantage of geographical

position at the wells by sending oil free to Cleveland and Pittsburg,

New York and Philadelphia, at the same time leaving these cities the

advantages accruing from their position as manufacturing centres and

close to domestic markets; second, that they had entered into a

combination with certain pipe-lines to drive certain others out of

existence.

Mr. Blanchard gave the reasons of these two revolutionary moves to the

Hepburn Committee. It was “urgently represented to the trunk lines,” he

said, “by some refiners at the West as well as by others at the

seaboard, and also by crude shippers and receivers and by owners of

pipe-lines, that it was in every way desirable that the refiners of

Cleveland and Pittsburg, and those at the seaboard be put upon a basis

of equalisation in the gross rates of transportation to and from the

refineries.” Now to do this the element of distance had to be

disregarded. Cleveland was 150 miles west of the Oil Regions, but she

must be treated as if she were at the same distance from the seaboard.

As soon as the proposition was made, certain of the refiners and

producers objected unless the railroads went further and equalised rates

on coal, acids, cooperage, etc. This, however, the roads declined to do.

As for the second clause—the rebate on all oil coming from pipes which

kept up a fixed pipage—it came about in this way. While the railroad men

were in conference at Long Branch, Henry Harley, the president of the

Pennsylvania Transportation Company, came to them and said that he

believed the scheme of equalisation could not be carried out unless some

kind of an alliance was made with the pipe-lines. There had been a large

increase in the number of pipes in the four or five years preceding, and

a situation had arisen not unlike that in every other branch of the oil

business. There was perhaps twice the pipe capacity needed for gathering

all the oil produced, and as the pipes were under at least a dozen

different managements, each fighting for business, the result was, of

course, just what it had been on the railroads and in the markets—severe

cutting of prices, rebates, special secret arrangements, confusion and

loss. It had been only nine years since the first pipe-line had been a

success, and considering the phenomenal growth of the business and the

important part the pipe played in it, it was of course a situation

natural enough. Like the overgrowth of refining and of production, it

was something only time and solidification of business could remedy.

Mr. Harley laid the situation before the railroad men and said to them:

“We want you to help us keep up an even and equal pipage rate. Here we

are representatives of the nine most important lines in the Oil Regions.

We want to put a stop to cutting and keep up a rate of thirty cents.

Can’t you help us?” Now up to this time the railroad had had nothing to

do with pipe-line charges. It was, and still is, the custom for the

buyer of the oil to pay the pipage, that is, the oil producer on running

the oil into the pipe-line received a credit certificate for the oil. If

he held it in the line long he paid a storage charge. When he sold the

oil, the line ran it, and the buyer paid the charge for running. Now the

United Pipe Lines proposed to the railroads a through rate from the

wells to the seaboard as low as they currently made from the receiving

points on the railway, the pipes to get twenty per cent. of this through

rate. The railroads were to agree not to receive oil from buyers except

at as high a rate as the pipes charged; and to allow no pipe-line

outside of the alliance a through rate from the wells. The memorandum

said squarely that the intent and purpose of this was to make the United

Pipes the sole feeders of the railroads. It was a plan not unlike the

South Improvement Company in design—to put everybody but yourself out of

business, and it had the merit of stating its intent and purpose with

perfect candour.[40]

The railroad men seem not to have objected to the purpose, only to the

terms of the proposed arrangement. Mr. Blanchard told the pipe committee

that he regarded it as the most violent attempt on the part of the tail

to wag the dog that he had ever seen, and the representatives of the

other roads agreed. They saw at once, however, how much more solid their

own position would be if they could be sure that no pipe-line delivering

to them would cut its rate, if there could be in effect a through rate

from the wells, and after some discussion they proposed to the

pipe-lines to add twenty-two cents a barrel to the rail charges; that

is, if the rate to the seaboard was $1.25, to collect from the shipper

$1.47, and in case he could show that he had taken his oil from one of

the United Pipes to give him a rebate of twenty-two cents. Mr. Blanchard

said that they proposed to do this until proof was had that the

associated pipe-lines were acting in good faith. Of course this

arrangement did not change the pipe-lines’ methods of collecting in the

least. It simply forced a uniform charge, and this charge was to be, it

should be noticed, regardless of distance. The charge for collecting and

delivering oil was to be thirty cents a barrel whether it was carried

one or ten miles—a practice which prevails to-day.

While these negotiations were going on, the Oil Regions as a whole was

troubled by a vague rumour that freight rates were to be advanced. In

the two years since the Oil War the region, as a whole, had adjusted

itself to the tariff schedule of March 25, 1872, and was doing very well

though working on a very much smaller margin of profits than ever

before. The margin was sufficient, however, to keep the refineries in

the valley running most of the time, and several of the large ones were

increasing their plants. Detailed accounts of the condition of the works

are to be had in the newspapers of the day. Thus, in the summer of 1874

an editor of the Oil City Derrick made a tour of the creek refineries

and reported all of the larger ones in Titusville and Oil City as

prosperous and growing, and the small ones in the little towns between

these two points as “jogging along pleasantly.” The keen competition

between the different refining points made it necessary to do business

with economy, and a rumour of a raise of freight rates naturally was

looked on with dread. It was not until September 12, however, that the

new arrangements were made known, and this was some time earlier than

was intended. The slip came about in this way. The general freight agent

of the New York Central road, James H. Rutter, sent out on September 9 a

private circular announcing the new arrangement,[41] an advance of fifty

cents a barrel on refined oil shipped to the seaboard, no corresponding

advance for Cleveland and Pittsburg, a rebate of the cost of getting oil

to the refineries and a rebate of twenty-two cents to those who

patronised certain pipe-lines. And to this new schedule was appended

this consoling paragraph: “You will observe that under this system the

rate is even and fair to all parties, preventing one locality taking

advantage of its neighbour by reason of some alleged or real facility it

may possess. Oil refiners and shippers have asked the roads from time to

time to make all rates even and they would be satisfied. This scheme

does it and we trust will work satisfactorily to all.”

Among the refiners to whom the circular went was M. N. Allen of

Titusville. Now Mr. Allen was the editor of an aggressive and lively

newspaper—the Courier. He had fought rings and deals from the beginning

of his career as a refiner and as an editor. He had been one of the

strong opponents of the South Improvement Company and of the Refiners’

Association which followed, and he saw at once the cloven foot in the

Rutter circular and hastened to denounce it in a strong editorial:

If by an agreement of the New York Central, the Erie, and the

Pennsylvania Railway Companies, crude oil—delivered from the

Titusville pipe—should be hauled from Titusville to Chicago, and

there refined, and the refined product then hauled to New York, all

at two dollars a barrel, for the refined thus carried, it would be

placing, by the railway companies, Chicago refiners upon the same

level with the Titusville refiners who, on and after October 1,

shall ship to New York refined made from crude oil taken from the

Titusville pipe. The new freight arrangement does not make such

provision for refiners at Chicago. But a Cleveland refiner may come

to Titusville and buy oil for delivery from the Titusville, the

Pennsylvania, the Church Run, or the Octave pipes, at this point,

take it to Cleveland, and, after refining, carry the product to the

seaboard at the same expense of freight, all told, that a refiner

here, taking his crude oil directly from the above pipes, would have

in placing his refined oil at the seaboard. This is stating the

matter exactly, and we see no necessity for comment hereupon.

Again, 1,000 barrels of crude oil are to be carried to the seaboard

for the same amount of money that will be required for carrying

there 715 barrels of refined, notwithstanding that crude oil is a

much more hazardous article of freight, from fire, than refined. If

this is not a very large discrimination in favour of seaboard

refiners, for which there is no compensation given to refiners in

the Oil Region, our perceptions are utterly weak.

Now, before putting into effect this new freight arrangement, it may

be well for the railway officials having the matter in charge to

take into consideration a certain little article of agreement, which

the people of Pennsylvania, on the 16th day of December last,

entered into among themselves, respecting railroads in this state.

In Article 17, Section 7, of our new constitution is the following

decree of the sovereign people of this commonwealth: “No

discrimination in charges or facilities for transportation shall be

made between transportation companies and individuals, or in favour

of either, by abatement, drawback or otherwise.”

Petroleum is a product of this state, and transportation companies

in taking it away must respect the fundamental law of the state.

And, while we ask for no favours, always supporting free trade from

principle, speaking in behalf of the refining interests of the Oil

Region, we do not propose quietly to submit to any discrimination by

transportation companies, doing business in the state, against our

interests. If by reason of our position we possess advantages for

refining oil here, over refiners outside, we have strong objections

against the action of the railway companies in taking from us such

advantages, by requiring us to pay for hauling a given quantity of

oil as much as they require of Cleveland refiners for hauling the

same amount of oil 300 miles greater distance; or for requiring us

to pay as much for hauling 715 barrels of refined oil as they

require for hauling 1,000 barrels of crude oil the same distance. If

the railroad companies will make all expenses of refining oil equal

to all points, we shall be satisfied. If they will make the price of

sulphuric acid 1½ cents a pound, the same as it is in New York,

instead of 2½ cents; if they will deliver caustic soda here free of

freight from New York; if they will put paints and glues here at the

same prices as those articles sell for in New York; if they will put

staves and heading and hoops for barrels here at the same figures

those articles cost in Cleveland, whether they do all these by

giving us rebates sufficient to cover all differences now against

us, or in any other way that will bring the same results, we will

accept the new arrangement without complaint. Until this shall be

done we shall ask the railway companies in hauling oil to confine

themselves to legitimate business, and to obey the new constitution,

in letter and spirit. It will behoove our citizens to see that their

new constitution is carefully respected.

We are opposed to the new arrangement for the large advance in the

price of freight upon oil. If the railroad companies have lost money

in carrying oil for the Cleveland refineries during several years

past, let not the whole petroleum interest, in its depressed

condition, be required to sustain the penalty. We submit to the

railway managers whether it is not right to charge for hauling goods

in proportion to the distance hauled, allowing a small discount,

perhaps, upon the rate per mile for the greater distance.

Our remarks upon this subject may have the colour of assurance, but,

from the large majority given last winter in favour of the new

constitution of this state, we have great confidence that the people

will not part with their sovereign rights, nor allow themselves to

be ruled by King Pool.

At first the Oil Region was puzzled by the Rutter circular. It certainly

was plausible. Was it not true that every man shared equally under it?

As the days passed, the dazed mental condition into which it had thrown

the oil men cleared up. Mr. Allen’s editorials began to take effect. The

pipe-lines left out of the pool began to ask how it could be legal that

the railroads should enter into an arrangement which obviously would

drive them out of business. The creek refiners began to ask by what

right the advantage of geographical position at the wells should be

taken from them, and Cleveland be allowed to retain the advantages of

her proximity to the Western market; Pittsburg her position on the Ohio

River and the market it commanded; all of the cities the advantage of

their proximity to great local markets and to such necessary supplies as

barrels and acids. Besides, was it constitutional for the railroads thus

to regulate interstate commerce? Was not the arrangement, as far as the

Pennsylvania was concerned, plainly prohibited by the new constitution

of the state of Pennsylvania? The producers slowly began to realise,

too, that the Rutter circular, like the South Improvement charter and

contracts, did not recognise them as a body. The contract of March 25,

1872, provided that the rates fixed should not be “liable to any change

either for increase or decrease without first giving to William Hasson,

president of the Producers’ Union, at Oil City, at least ninety days’

notice in writing of such contemplated change.” This agreement was

totally ignored. It was an “insolent equalisation,” the oil men

concluded, and the sum total of their dissatisfaction finally found

expression at a mass-meeting at Parker’s Landing, on October 2. Directly

after this meeting a committee appointed sent to Messrs. Scott,

Vanderbilt and Jewett, the new president of the Erie, letters calling

their attention to the Rutter circular, and stating the objections of

the producers to it. These letters sent on October 6 received no

attention from any of the railroad presidents addressed for over three

weeks, when the following was received from the Pennsylvania:

_Gentlemen_:—Your communication of the 6th inst., to Thomas A.

Scott, president, was received, and has been referred to me.

In establishing the recent rates and arrangements for the

transportation of oil, the object which was at all times kept in

view was to place all interests on an equality, giving to no one an

undue advantage over any other.

We believe that this object has been accomplished, and that by

adhering to our present rates the interests both of the producers,

refiners and transporters will be promoted.

Very truly yours,

A. J. CASSATT.

“Brief, tardy and unsatisfactory,” was the Derrick’s characterisation of

Mr. Cassatt’s letter. It was evidence to the oil men that if anything

was to be done to break the new tariff it would have to be done in

court, for the railroads meant to stand by their creation.

In this discussion of the Rutter circular Mr. Rockefeller’s name

scarcely appeared. It was known that he had been admitted to the

conferences at which the tariff was arranged. This was taken as a matter

of course. There was nothing which concerned the oil business which John

Rockefeller was not on the inside of. Mr. Blanchard later stated that

the “crude equivalent” scheme was suggested by certain Western refiners.

The tremendous advantage Cleveland secured by the new arrangement,

practically 300 miles of free transportation, seemed to prove, too, that

Mr. Rockefeller had not been inactive during the conference. Whether he

had or had not suggested the points in the “Rutter circular” so

advantageous to his interests, he used them now to aid him in

accomplishing one of the shrewdest and most far-reaching moves of his

life—the move which was to lead at last to the realisation of his Great

Purpose—the concentration of the oil business in his own hands. For Mr.

Rockefeller, quiet as he had been since the breaking up of the Refiners’

Association in the summer of 1873, had by no means given up the idea of

doing for the refining interest of the whole country what he had done

for that of Cleveland through the South Improvement Company.

Mr. Rockefeller has shown repeatedly in his conquering business career

remarkable ability to learn from experience. The breaking up of the

Refiners’ Association _may_ have seemed a disaster to him. He did not

allow it to be a profitless disaster. He extracted useful lessons from

the experience, and, armed with this new wisdom, bent his whole mind to

working out a third plan of campaign. He now knew that he could not hope

to make again so rich a haul as he had made through the defunct South

Improvement scheme. The experience of the past year with the refiners

convinced him that it would take time to educate them to his idea of

combination; but he had learned who of them were capable of this

education. As for the producers, the alliance attempted with them was

enough to demonstrate that they would never endure long the restraints

of any association. Besides, the bulk of them still held the, to him,

unpractical belief that rebates were _wrong_. Mr. Rockefeller had also

re-learned in these eighteen months what he knew pretty well before,

that the promise to give or take away a heavy freight traffic was enough

to persuade any railroad king of the day to break the most solemn

compact.

With all these reflections fresh in mind, Mr. Rockefeller again bent

over a map of the refining interests of the United States. Here was the

world he sighed to conquer. If we may suppose him to have begun his

campaign as a great general with whom he has many traits in common—the

First Napoleon—used to begin his, by studding a map with red-headed pegs

marking the points he must capture, Mr. Rockefeller’s chart would have

shown in and around Boston perhaps three pegs, representing a crude

capacity of 3,500 barrels; in and around New York fifteen pegs, a

capacity of 9,790 barrels; in and around Philadelphia twelve pegs, a

capacity of 2,061 barrels; in Pittsburg twenty-two pegs, a capacity of

6,090 barrels; on the creek twenty-seven pegs, a capacity of 9,231

barrels.[42] His work was to get control of this multitude of red pegs

and to fly above them the flag of what the irreverent call the “holy

blue barrel.”[43]

Some time in the summer of 1874, after it had become certain that

Colonel Potts’s plan for an equalisation of oil freights would be

carried out, Mr. Rockefeller wrote to his former colleague in the South

Improvement Company, W. G. Warden, of Philadelphia, telling him he

wanted to talk over the condition of the oil business with him, and

inviting him to bring Charles Lockhart, of Pittsburg, to that Mecca of

American schemers, Saratoga, for a conference with him and Mr. Flagler.

Mr. Warden hesitated. He had been much abused for his relation with the

South Improvement Company. He had seen the National Refiners’

Association fail. He had begun to feel a distaste for combination.

Besides, he was doing very well in Philadelphia. However, after some

hesitation, he and Mr. Lockhart went to Saratoga. The four gentlemen

breakfasted together and later strolled out to a pavilion. Here they

discussed again, as they had nearly three years before, when they

prepared the South Improvement assault, the condition of the oil

business.

[Illustration:

GEORGE H. BISSELL

Founder of the first oil company in the United States.

]

[Illustration:

JONATHAN WATSON

One of the owners of the land on which the first successful well was

drilled for oil.

]

[Illustration:

SAMUEL KIER

The first petroleum refined and sold for lighting purpose was made by

Mr. Kier in the ’50s in Pittsburg.

]

[Illustration:

JOSHUA MERRILL

The chemist and refiner to whom many of the most important processes

now in use in making illuminating and lubricating oils are due.

]

Mr. Rockefeller now had something besides a theory to present to the

gentlemen he wished to go into his third scheme. He had the most

persuasive of all arguments—an actual achievement. “Three years ago,” he

could tell them, “I took over the Cleveland refineries. I have managed

them so that to-day I pay a profit to nobody. I do my own buying, I make

my own acid and barrels, I control the New York terminals of both the

Erie and Central roads, and ship such quantities that the railroads give

me better rates than they do any other shipper. In 1873 I shipped over

700,000 barrels by the Central, and my profit on my capitalisation,

$2,500,000, was over $1,000,000. This is the result of combination in

one city. The railroads now have arranged a new tariff, by which they

mean to put us all on an equal footing. They say they will give no

rebates to anyone, but if we can join with Cleveland the strongest

forces in other great shipping points, and apply to them the same

tactics I have employed, we shall become the largest shipper, and can

demand a rebate in return for an equal division of our freight. We

proved in 1872–1873 that we could not do anything by an open

association. Let us who see what a combination strictly carried out will

effect unite secretly to accomplish it. Let us become the nucleus of a

_private_ company which gradually shall acquire control of all

refineries everywhere, become the only shippers, and consequently the

master of the railroads in the matter of freight rates.” It was six

hours before the gentlemen in conference left the pavilion, and when

they came out Mr. Warden and Mr. Lockhart had agreed to transfer their

refineries in Philadelphia and Pittsburg to the Standard Oil Company, of

Cleveland, taking stock in exchange. They had also agreed to absorb, as

rapidly as persuasion or other means could bring it about, the

refineries in their neighbourhood. Their union with the Standard was to

remain an absolute secret—the concerns operating under their respective

names.[44]

On October 15, 1874, Mr. Rockefeller consummated another purchase of as

great importance. He bought the works of Charles Pratt and Company, of

New York city. As before, the purchase was secret. The strategic

importance of these purchases for one holding Mr. Rockefeller’s vast

ambition was enormous. It gave him as allies men who were among the most

successful refiners, without doubt, in each of the three greatest

refining centres of the country outside of Cleveland, where he ruled,

and of the creek, where he had learned that neither he nor any member of

the South Improvement Company could do business with facility. To meet

these purchases the stock of the Standard Oil Company was increased, on

March 10, 1875, to $3,500,000.[45] The value of the concern as a

money-earner at this early date, 1874, is shown by the fact that Pratt

and Company paid not less than $265 for the Standard stock they received

in exchange for their works.[46]

The first intimation that the Oil Region had that Mr. Rockefeller was

pushing another combination was in March of 1875, when it was announced

that an organisation of refiners, called the Central Association, of

which he was president, had been formed. Its main points were that if a

refiner would lease to the association his plant for a term of months he

would be allowed to subscribe for stock of the new company. The lease

allowed the owner to do his own manufacturing, but gave Mr.

Rockefeller’s company “irrevocable authority” to make all purchases of

crude oil and sales of refined, to decide how much each refinery should

manufacture, and _to negotiate for all freight and pipe-line expenses_.

The Central Association was a most clever device. It furnished the

secret partners of Mr. Rockefeller a plausible proposition with which to

approach the firms of which they wished to obtain control.

Little as the Oil Regions knew of the real meaning of the Central

Association, the news of its organisation raised a cry of monopoly, and

the advocates of the new scheme felt called upon to defend it. The

defense took the line that the conditions of the trade made such a

combination of refineries necessary. Altogether the ablest explanation

was that of H. H. Rogers, of Charles Pratt and Company, to a reporter of

the New York Tribune:

“There are five refining points in the country,” said Mr. Rogers,

“Pittsburg, Philadelphia, Cleveland, the Oil Regions and New York

city. Each of these has certain local advantages which may be

briefly stated as follows: Pittsburg, cheap oil; Philadelphia, the

seaboard; Cleveland, cheap barrels, and canal as well as railroad

transportation; the Oil Regions, crude oil at the lowest figure; and

all the products of petroleum have the best market in New York city.

The supply of oil is three or four times greater than the

demand.[47] If the oil refineries were run to their full capacity,

the market would be overstocked. The business is not regular, but

spasmodic. When the market is brisk and oil is in demand, all the

oil interests are busy and enjoy a fair share of prosperity. At

other times, the whole trade is affected by the dullness. It has

been estimated that not less than twenty millions of dollars are

invested in the oil business. It is therefore to the interest of

every man who has put a dollar in it to have the trade protected and

established on a permanent footing. Speculators have ruined the

market. The brokers heretofore have been speculating upon the market

with disastrous effects upon the trade, and this new order of things

will force them to pursue their legitimate calling, and realise

their profits from their industry and perseverance. Two years ago an

attempt was made to organise an oil refiners’ association, but it

was subsequently abandoned. There was no cohesion of interests, and

agreements were not kept. The movement at the present time is a

revival of the former idea, and, it is believed, has already secured

fully nine-tenths of the oil refiners in the country in its favour.

I do not believe there is any intention among the oil men to ‘bull’

the market. The endeavour is to equalise all around and protect the

capital invested. If by common consent, in good faith, the refiners

agree to reduce the quantities to an allotment for each, made in

view of the supply and demand, and the capacity for production, the

market can be regulated with a reasonable profit for all. The price

of oil to-day is fifteen cents per gallon. The proposed allotment of

business would probably advance the price to twenty cents. To make

an artificial increase, with immense profits, would be recognised as

speculative instead of legitimate, and the oil interests would

suffer accordingly. Temporary capital would compete with permanent

investment and ruin everything. The oil producers to-day are

bankrupt. There have been more failures during the last five months

than in five years previously. An organisation to protect the oil

capital is imperatively needed. Oil to yield a fair profit should be

sold for twenty-five cents per gallon. That price would protect

every interest and cover every outlay for getting out the crude

petroleum, transporting by railroad, refining and the incidental

charges of handling, etc. The foreign markets will regulate the

price to a great extent, because they are the greatest consumers.

The people of China, Germany, and other foreign countries cannot

afford to pay high prices. Kerosene oil is a luxury to them, and

they do not receive sufficient compensation for their labour to

enable them to use this oil at an extravagant price. The price,

therefore, must be kept within reasonable limits.”

The Oil Regions refused flatly to accept this view of the situation. The

world would not buy refined at twenty-five cents, they argued. “You

injured the foreign market in 1872 by putting up the price. Our only

hope is in increasing consumption. The world is buying more oil to-day

than ever before, because it is cheap. We must learn to accept small

profits, as other industries do.” “The formation of the Refiners’

Association has thrust upon the trade an element of uncertainty that has

unsettled all sound views as to the general outlook,” said the Derrick.

“The scope of the Association,” wrote a Pittsburg critic, “is an attempt

to control the refining of oil, with the ultimate purpose of advancing

its price and reaping a rich harvest in profits. This can only be done

by reducing the production of refined oil, and this will in turn act on

crude oil, making the stock so far in excess of the demand as to send it

down to a lower figure than it has yet touched.”

“The most important feature of this contract,” said a “veteran refiner,”

“is perhaps that part which provides that the Executive Committee of the

Central Association are to have the exclusive power to arrange with the

railroads for the carrying of the crude and refined oil. It is intended

by this provision to enable the Executive Committee to speak for the

whole trade in securing special rates of freight, whereby independent

shippers of crude oil, and such refiners as refuse to join the

combination, and any new refining interest that may be started, may be

driven out of the trade. The whole general purpose of the combination is

to reap a large margin by depressing crude and raising the price of

refined oil, and the chief means employed is the system of

discrimination in railroad freights to the seaboard.”

“The veteran refiner” was right in his supposition that Mr. Rockefeller

intended to use the enormous power his combination gave him to get a

special rate. As a matter of fact he had seen to that before the

“veteran refiner” expressed his mind. It will be remembered that in

April, 1874, Mr. Rockefeller had made a contract with the Erie by which

he was to ship fifty per cent. of his refined oil over that road at a

rate as low as any competing line gave any shipper and he was to have a

lease of the Weehawken oil terminal. Now this contract remained in force

until the first of March, 1875, when a new one was made with the Erie

guaranteeing the road the same percentage of freight and giving the

Standard a ten per cent. rebate on whatever open tariff should be fixed.

This rebate Mr. Blanchard says was quite independent of what the Central

might be giving the Standard. He says that one reason the Standard was

given the rebate was that it was suspected the Pennsylvania was allowing

the Empire Transportation Company an even larger one. If true, this

would not affect any refiner necessarily as the Empire was not a refiner

in March, 1875. The real reason, of course, was what Mr. Blanchard gives

later—that by this rebate they kept the Standard trade, now greatly

increased by the purchase of the outside works already mentioned,

although it should be noticed the Erie officials knew nothing of the

Standard having control of any other refinery than that of Charles Pratt

and Company.

The announcement of the Central Association put an altogether new

feature on oil transportation. If this organisation succeeded, and the

refiners in it claimed nine-tenths of the capacity of the country—it

gave Mr. Rockefeller “irrevocable authority” to negotiate freights. The

Pennsylvania road immediately felt the pressure. The oil they had

carried for big firms like those of Charles Lockhart in Pittsburg and of

Warden, Frew and Company in Philadelphia was in the hands of the

Standard Oil Company, and Mr. Rockefeller asked a rebate of ten per

cent. on open rates. The road demurred. Colonel Potts objected

strenuously. Three years later in a paper discussing this rebate and its

consequences he said:

“The rebate was a modest one, as was its recipient. Yet the railway

Cassandras prophesied from it a multitude of evils—a gradual

destruction of all other refiners and a gradual absorption of their

property by the favourite, who, with this additional armament, would

rapidly progress towards a control of all cars, all pipes, all

production, and finally of the roads themselves. Their prophecies

met but little faith or consideration. The Standard leaders

themselves were especially active in discouraging any such radical

purpose. Their little rebate was enough for them. Everybody else

should prosper, as would be shortly seen. They needed no more

refineries; they had already more than they could employ—why should

they hunger after greater burdens? It was the railroads they chiefly

cared for, and next in their affections stood the 100 rival

refineries. Such beneficent longings as still remained (and their

bosoms overflowed with them) spread out their steady waves toward

the poor producers whom, not to be impious, they had always been

ready to gather under their wings, yet they would not.

“This unselfish language soothed all alarm into quiet slumbering. It

resembles the gentle fanning of the vampire’s wings, and it had the

same end in view—the undisturbed abstraction of the victim’s blood.”

Colonel Potts’s argument against the rebate—doubtless clothed in much

less picturesque language in 1875 than his feelings stirred him to in

1878, for a good enough reason, too, as we shall see—failed to convince

the Pennsylvania officials. They decided to yield to the Standard. Mr.

Cassatt, then third vice-president of the road, in charge of

transportation, said in 1879 that the rebate was given because they

found the Standard was getting very strong, that they had the backing of

the other roads, and that if the Pennsylvania wanted to retain its full

share of business and at fair rates they must make arrangements to

protect themselves.

No one of the roads knew certainly what the others were doing for the

Standard until October 1, 1875. The freight agents then met to discuss

again the freight pool they had formed in 1874. It had not been working

with perfect satisfaction. The clause granting the rebate of twenty-two

cents to the pipe-lines which sustained an agreed rate of pipage had

been abandoned after about five months’ experiment. It was thought to

stimulate new pipes. The roads in making a new adjustment made no effort

to regulate pipe-line tariffs. The “crude rebate” as it was

called—carrying oil to a refinery for nothing—was left in force. At this

meeting Mr. Blanchard found that both of the Erie’s big rivals were

granting the Standard a ten per cent. rebate. He also found that he was

not getting fifty per cent. of the Standard’s business as the contract

called for—that the Standard controlled not only the Cleveland and New

York works of which he knew, but large works in Pittsburg and

Philadelphia.[48]

Mr. Rockefeller was certainly now in an excellent condition to work out

his plan of bringing under his own control all the refineries of the

country. The Standard Oil Company owned in each of the great refining

centres, New York, Pittsburg and Philadelphia, a large and aggressive

plant run by the men who had built it up. These works were, so far as

the public knew, still independent and their only relation that of the

“Central Association.” As a matter of fact they were the “Central

Association.” Not only had Mr. Rockefeller brought these powerful

interests into his concern; he had secured for them a rebate of ten per

cent. on a rate which should always be as low as any one of the roads

gave any of his competitors. He had done away with middlemen, that is,

he was “paying nobody a profit.” He had undeniably a force wonderfully

constructed for what he wanted to do and one made practically

impregnable as things were in the oil business then, by virtue of its

special transportation rate.

As soon as his new line was complete the work of acquiring all outside

refineries began at each of the oil centres. Unquestionably the

acquisitions were made through persuasion when this was possible. If the

party approached refused to lease or sell, he was told firmly what Mr.

Rockefeller had told the Cleveland refiners when he went to them in 1872

with the South Improvement contracts, that there was no hope for him;

that a combination was in progress which was bound to work; and that

those who stayed out would inevitably go to the wall. Naturally the

first fruits to fall into the hands of the new alliance were those

refineries which were embarrassed or discouraged by the conditions which

Mr. Rogers explains above. Take as an example the case of the Citizens’

Oil Refining Company of Pittsburg, as it was explained in 1888 to the

House Committee on Manufactures in its trust investigation. A. H. Tack,

a partner in the company, told the story:[49]

“We began in 1869 with a capacity of 1,000 barrels a day. At the

start everything was _couleur de rose_, so much so that we put our

works in splendid shape. We manufactured all the products. We even

got it down to making wax, and using the very last residuum in the

boilers. We got the works in magnificent order and used up

everything. We began to feel the squeeze in 1872. We did not know

what was the matter. Of course we were all affected the same way in

Pennsylvania, and of course we commenced shifting about, and meeting

together, and forming delegations, and going down to Philadelphia to

see the Pennsylvania Railroad, meeting after meeting and delegation

after delegation. We suspected there was something wrong, and told

those men there was something wrong somewhere; that we felt, so far

as position was concerned, we had the cheapest barrels, the cheapest

labour, and the cheapest coal, and the route from the crude district

was altogether in our favour. We had a railroad and a river to bring

us our raw material. We had made our investment based on the

seaboard routes, and we wanted the Pennsylvania Railroad to protect

us. But none of our meetings or delegations ever amounted to

anything. They were always repulsed in some way, put off, and we

never got any satisfaction. The consequence was that in two or three

years there was no margin or profit. In order to overcome that we

commenced speculating, in the hope that there would be a change some

time or other for the better. We did not like the idea of giving up

the ship. Now, during these times the Standard Oil Company increased

so perceptibly and so strong that we at once recognised it as the

element. Instead of looking to the railroad I always looked to the

Standard Oil Company. In 1874 I went to see Rockefeller to find if

we could make arrangements with him by which we could run a portion

of our works. It was a very brief interview. He said there was no

hope for us at all. He remarked this—I cannot give the exact

quotation—‘There is no hope for us,’ and probably he said, ‘There is

no hope for any of us’; but he says, ‘The weakest must go first.’

And we went.”

All over the country the refineries in the same condition as Mr. Tack’s

firm sold or leased. Those who felt the hard times and had any hope of

weathering them resisted at first. With many of them the resistance was

due simply to their love for their business and their unwillingness to

share its control with outsiders. The thing which a man has begun, cared

for, led to a healthy life, from which he has begun to gather fruit,

which he knows he can make greater and richer, he loves as he does his

life. It is one of the fruits of his life. He is jealous of it—wishes

the honour of it, will not divide it with another. He can suffer heavily

his own mistakes, learn from them, correct them. He can fight

opposition, bear all—so long as the work is his. There were refiners in

1875 who loved their business in this way. Why one should love an oil

refinery the outsider may not see; but to the man who had begun with one

still and had seen it grow by his own energy and intelligence to ten,

who now sold 500 barrels a day where he once sold five, the refinery was

the dearest spot on earth save his home. He walked with pride among its

evil-smelling places, watched the processes with eagerness, experimented

with joy and recounted triumphantly every improvement. To ask such a man

to give up his refinery was to ask him to give up the thing which, after

his family, meant most in life to him.

To Mr. Rockefeller this feeling was a weak sentiment. To place love of

independent work above love of profits was as incomprehensible to him as

a refusal to accept a rebate because it was _wrong_! Where persuasion

failed then, it was necessary, in his judgment, that pressure be

applied—simply a pressure sufficient to demonstrate to these blind or

recalcitrant individuals the impossibility of their long being able to

do business independently. It was a pressure varied according to

locality. Usually it took the form of cutting their market. The system

of “predatory competition” was no invention of the Standard Oil Company.

It had prevailed in the oil business from the start. Indeed, it was one

of the evils Mr. Rockefeller claimed his combination would cure, but

until now it had been used spasmodically. Mr. Rockefeller never did

anything spasmodically. He applied underselling for destroying his

rivals’ market with the same deliberation and persistency that

characterised all his efforts, and in the long run he always won. There

were other forms of pressure. Sometimes the independents found it

impossible to get oil; again, they were obliged to wait days for cars to

ship in; there seemed to be no end to the ways of making it hard for men

to do business, of discouraging them until they would sell or lease, and

always at the psychological moment a purchaser was at their side. Take

as an example the case of the Harkness refinery in Philadelphia, a story

told to the same committee as that of Mr. Tack:

“I was the originator of the enterprise,” said William W. Harkness,

“believing that there was no better place than Philadelphia to

refine oil, particularly for export. We commenced then, as near as I

can now recollect, about 1870, and we made money up to probably

1874. We managed our business very close and did not speculate in

oil. We bought and we sold, and we paid a great deal of attention to

the statistical part of our business so as to save waste, and we did

a nice business. But we found in some years that probably five

months out of a year we could not sell our oil unless it would be at

a positive loss, and then we stopped. Then when we could sell our

oil, we found a difficulty about getting cars. My brother would

complain of it, but I believed that the time would come when that

would be equalised. I had no idea of the iniquity that was going on;

I could not conceive it. I went on in good faith until about 1874,

and then the trouble commenced. We could not get our oil and were

compelled to sell at a loss. Then Warden, Frew and Company formed

some kind of running arrangement where they supplied the crude, and

we seemed to get along a little better. After a while the business

got complicated, and I got tired and handed it over to my brother; I

backed out. That was about 1875. I was dissatisfied and wanted to do

an independent business, or else I wanted to give it up. In 1876—I

recollect that very well, because it was the year of the Centennial

Exposition—we were at the Centennial Exposition. I was sitting in

front of the great Corliss engine, admiring it, and he told me there

was a good opportunity to get out. Warden, Frew and Company, he

said, were prepared to buy us out, and I asked him whether he

considered that as the best thing to do; whether we had not better

hold on and fight it through, for I believed that these difficulties

would not continue; that we would get our oil. I knew he was a

competent refiner, and I wanted to continue business, but he said he

thought he had better make this arrangement, and I consented, and we

sold out; we got our investment back.”[50]

Here we have a refiner discouraged by the conditions which Mr.

Rockefeller claims his aggregation will cure. Under the Rutter circular

and the discrimination in freight to the Standard which followed, his

difficulty in getting oil increases, and he consents to a running

arrangement with Mr. Rockefeller’s partner in Philadelphia, but he wants

to do an “independent business.” Impossible. As he sits watching the

smooth and terrible power of that famous Corliss engine of 1876, an

engine which showed to thousands for the first time what great power

properly directed means, he realised that something very like it was at

work in the oil business—something resistless, silent, perfect in its

might—and he sold out to that something. Everywhere men did the same.

The history of oil refining on Oil Creek from 1875 to 1879 is almost

uncanny. There were at the beginning of that period twenty-seven plants

in the region, most of which were in a fair condition, considering the

difficulties in the business. During 1873 the demand for refined oil had

greatly increased, the exports nearly doubling over those of 1872. The

average profit on refined that year in a well-managed refinery was not

less than three cents a gallon. During the first half of 1874 the oil

business had been depressed, but the oil refiners were looking for

better times when the Rutter circular completely demoralised them by

putting fifty cents extra freight charges on their shipments without an

equivalent raise on competitive points. It was not only this extra

charge, enough to cut off their profits, as business then stood, but it

was that the same set of men who had thrown their business into

confusion in 1872 was again at work. The announcement of the Central

Association with Mr. Rockefeller’s name at its head confirmed their

fears. Nevertheless at first none of the small refiners would listen to

the proposition to sell or lease made them in the spring of 1875 by the

representative first sent out by the Central Association. They would

have nothing to do, they said bluntly, with any combination engineered

by John D. Rockefeller. The representative withdrew and the case was

considered. In the mean time conditions on the creek grew harder. All

sorts of difficulties began to be strewn in their way—cars were hard to

get, the markets they had built up were cut under them—a demoralising

conviction was abroad in the trade that this new and mysterious

combination was going to succeed; that it was doing rapidly what its

members were reported to be saying daily: “We mean to secure the entire

refining business of the world.” Such was the state of things on the

creek when in the early fall of 1875 an energetic young refiner and oil

buyer well known in the Oil Regions, J. D. Archbold, appeared in

Titusville as the representative of a new company, the Acme Oil Company,

a concern which everybody believed to be an offshoot of the Standard Oil

Company of Cleveland, though nobody could prove it. As a matter of fact

the Acme was capitalised and controlled entirely by Standard men, its

stockholders being, in addition to Mr. Archbold, William Rockefeller,

William G. Warden, Frank Q. Barstow, and Charles Pratt. It was evident

at once that the Acme Oil Company had come into the Oil Regions for the

purpose of absorbing the independent interests as Mr. Rockefeller and

his colleagues were absorbing them elsewhere. The work was done with a

promptness and despatch which do great credit to the energy and

resourcefulness of the engineer of the enterprise. In three years, by

1878, all but two of the refineries of Titusville had “retired from the

business gloriously,” as Mr. Archbold, flushed with victory, told the

counsel of the Commonwealth of Pennsylvania in 1879, when the state

authorities were trying to find what was at work in the oil interests to

cause such a general collapse. Most of the concerns were bought

outright, the owners being convinced that it was impossible for them to

do an independent business, and being unwilling to try combination. All

down the creek the little refineries which for years had faced every

difficulty with stout hearts collapsed. “Sold out,” “dismantled,” “shut

down,” is the melancholy record of the industry during these four years.

At the end practically nothing was left in the Oil Regions but the Acme

of Titusville and the Imperial of Oil City, both of them now under

Standard management. To the oil men this sudden wiping out of the score

of plants with which they had been familiar for years seemed a crime

which nothing could justify. Their bitterness of heart was only

intensified by the sight of the idle refiners thrown out of business by

the sale of their factories. These men had, many of them, handsome sums

to invest, but what were they to put them in? They were refiners, and

they carried a pledge in their pockets not to go into that business for

a period of ten years. Some of them tried the discouraged oil man’s

fatal resource, the market, and as a rule left their money there. One

refiner who had, according to popular report, received $200,000 for his

business, speculated the entire sum away in less than a year. Others

tried new enterprises, but men of forty learn new trades with

difficulty, and failure followed many of them. The scars left in the Oil

Regions by the Standard Combination of 1875–1879 are too deep and ugly

for men and women of this generation to forget them.

In Pittsburg the same thing was happening. At the beginning of the work

of absorption—1874—there were between twenty-two and thirty refineries

in the town.[51] As we have seen, Lockhart and Frew sold to the Standard

Oil Company of Cleveland some time in 1874. In the fall of that year a

new company was formed in Pittsburg, called the Standard Oil Company of

Pittsburg. Its president was Charles Lockhart; its directors William

Frew, David Bushnell, H. M. Flagler, and W. G. Warden—all members of the

Standard Oil Company and four of them stockholders in the South

Improvement Company. This company at once began to lease or buy

refineries. Many of the Pittsburg refiners made a valiant fight to get

rates on their oil which would enable them to run independently. To save

expense they tried to bring oil from the oil fields by barge; the

pipe-lines in the pool refused to run oil to barges, the railroad to

accept oil brought down by barge. An independent pipe-line attempted to

bring it to Pittsburg, but to reach the works the pipe-line must run

under a branch of the Pennsylvania railroad. It refused to permit this,

and for months the oil from the line was hauled in wagons from the point

where it had been held up, over the railroad track, and there repiped

and carried to Pittsburg. At every point they met interference until

finally one by one they gave in. According to Mr. Frew, who in 1879 was

examined as to the condition of things in Pittsburg, the company began

to “acquire refiners” in 1875. In 1877 they bought their last one; and

at the time Mr. Frew was under examination he could not remember but

_one_ refinery in operation in Pittsburg not controlled by his company.

Nor was it refiners only who sold out. All departments of the trade

began to yield to the pressure. There was in the oil business a class of

men known as shippers. They bought crude oil, sent it East, and sold it

to refineries there. Among the largest of these was Adnah Neyhart, whose

active representative was W. T. Scheide. Now to Mr. Rockefeller the

independent shipper was an incubus; he did a business which, in his

judgment, a firm ought to do for itself, and reaped a profit which might

go direct into the business. Besides, so long as there were shippers to

supply crude to the Eastern refineries at living prices, so long these

concerns might resist offers to sell or lease.

Some time in the fall of 1872 Mr. Scheide began to lose his customers in

New York. He found that they were making some kind of a working

arrangement with the Standard Oil Company, just what he did not know.

But at all events they no longer bought from him but from the Standard

buyer, J. A. Bostwick and Company. At the same time he became convinced

that Mr. Rockefeller was after his business. “I knew that they were

making some strenuous efforts to get our business,” he told the Hepburn

Commission in 1879, “because I used to meet Mr. Rockefeller in the Erie

office.” At the same time that he was facing the loss of customers and

the demoralising conviction that the Standard Oil Company wanted his

business, he was experiencing more or less disgust over business

conditions in New York. “I did not like the character of my customers

there,” Mr. Scheide told the committee. “I did not think they were

treating us fairly and squarely. There was a strong competition in

handling oil. The competition had got to be so strong that ‘outside

refiners,’ as they called themselves then, used to go around bidding up

the price of their works on the Standard Oil Company, and they were

using me to sell their refineries to the Standard. They would say to

refiners: ‘Neyhart will do so and so, and we are going to continue

running.’ And they would say to us that the Standard was offering lower

prices. I recollect one instance in which they, after having made a

contract to buy oil from me if I would bring it over the Erie Railway,

broke that contract for the 1–128th part of a cent a gallon. I sold out

the next week.” When Mr. Scheide went to the freight agent of the Erie

road, Mr. Blanchard, and told him of his decision to sell, Mr. Blanchard

tried to dissuade him. During the conversation he let out a fact which

must have convinced Mr. Scheide more fully than ever that he had been

wise in determining to give up his business. Mr. Blanchard told him as a

reason for his staying and trusting to the Erie road to keep its

contracts with him that the Standard Oil Company had been offering him

five cents more a barrel than Mr. Scheide was paying them, and would

take all their cars, and load them all regularly if they would throw him

over and give them the business. It is interesting to note that when Mr.

Scheide sold in the spring of 1875, it was, as he supposed, to Charles

Pratt and Company. Well informed as he was in all the intricacies of the

business—and there were few abler or more energetic men in trade at the

time—he did not know that Charles Pratt and Company had been part and

parcel of the Standard Oil Company since October, 1874.

Of course securing a large crude shipping business like Mr. Neyhart’s

was a valuable point for the Standard. It threw all of the refiners whom

he had supplied out of crude oil and forced several of them to come to

the Standard buyer—a first step, of course, toward a lease or sale. At

every point, indeed, making it difficult for the refiner to get his raw

product was one of the favourite manœuvres of the combination. It was

not only to crude oil it was applied. Factories which worked up the

residuum or tar into lubricating oil and depended on Standard plants for

their supply were cut off. There was one such in Cleveland—the firm of

Morehouse and Freeman. Mr. Morehouse had begun to experiment with

lubricating oils in 1861, and in 1871 the report of the Cleveland Board

of Trade devoted several of its pages to a description of his business.

According to this account he was then making oils adapted to lubricating

all kinds of machinery—he held patents for several brands and trade

marks, and had produced that year over 25,000 barrels of different

lubricants besides 120,000 boxes of axle grease. At this time he was

buying his stock or residuum from one or another of the twenty-five

Cleveland refiners. Then came the South Improvement Company and the

concentration of the town’s refining interest in Mr. Rockefeller’s

hands. Mr. Morehouse, according to the testimony he gave the Hepburn

Commission in 1879, went to Mr. Rockefeller, after the consolidation, to

arrange for supplies. He was welcomed—the Standard Oil Company had not

at that time begun to deal in lubricating oils—and encouraged to build a

new plant. This was done at a cost of $41,000, and a contract was made

with the Standard Oil Company for a daily supply of eighty-five barrels

of residuum. Some time in 1874 this supply was cut down to twelve

barrels. The price was put up too, and contracts for several months were

demanded so that Mr. Morehouse got no advantage from the variation in

crude prices. Then the freights went up on the railroads. He paid $1.50

and two dollars for what he says he felt sure his big neighbour was

paying but seventy or seventy-five cents (there is no evidence of any

such low rate to the Standard from Cleveland to New York by rail). Now

it was impossible for Mr. Morehouse to supply his trade on twelve

barrels of stock. He begged Mr. Rockefeller for more. It was there in

the Standard Oil works. Why could he not have it? He could pay for it.

He and his partner offered to buy 5,000 barrels and store it, but Mr.

Rockefeller was firm. All he could give Mr. Morehouse was twelve barrels

a day. “I saw readily what that meant,” said Mr. Morehouse, “that meant

squeeze you out—buy your works. They have got the works and are running

them; I am without anything. They paid about $15,000 for what cost me

$41,000. He said that he had facilities for freighting and that the

coal-oil business belonged to them; and any concern that would start in

that business, they had sufficient money to lay aside a fund to wipe

them out—these are the words.”[52]

At every refining centre in the country this process of consolidation

through persuasion, intimidation, or force, went on. As fast as a

refinery was brought in line its work was assigned to it. If it was an

old and poorly equipped plant it was usually dismantled or shut down. If

it was badly placed, that is, if it was not economically placed in

regard to a pipe-line and railroad, it was dismantled even though in

excellent condition. If it was a large and well-equipped plant

advantageously located it was assigned a certain quota to manufacture,

and it did nothing but manufacture. The buying of crude, the making of

freight rates, the selling of the output remained with Mr. Rockefeller.

The contracts under which all the refineries brought into line were run

were of the most detailed and rigid description, and they were executed

as a rule with a secrecy which baffles description. Take, for example, a

running arrangement made by Rockefeller in 1876, with a Cleveland

refinery, that of Scofield, Shurmer and Teagle. The members of this

concern had all been in the refining business in Cleveland in 1872 and

had all handed over their works to Mr. Rockefeller, when he notified

them of the South Improvement Company’s contracts. Mr. Shurmer declared

once in an affidavit that he alone lost $20,000 by that manœuvre. The

members of the firm had not stayed out of business, however. Recovering

from the panic caused by the South Improvement Company, they had united

in 1875, building a refinery worth $65,000, with a yearly capacity of

180,000 barrels of crude. On the first year’s business they made

$40,000. Although this was doing well, they were convinced they might do

better if they could get as good freight rates as the Standard Oil

Company, and in the spring of 1876 they brought suit against the Lake

Shore and Michigan Southern and the New York Central and Hudson River

Railroads for “unlawful and unjust discrimination, partialities and

preferences made and practised ... in favour of the Standard Oil

Company, enabling the said Standard Oil Company to obtain to a great

extent the monopoly of the oil and naphtha trade of Cleveland.” The suit

was not carried through at the time. Mr. Rockefeller seems to have

suggested a surer way to the firm of getting the rates they wanted. This

was to make a running arrangement with him. He seems to have

demonstrated to them that they could make more money under his plan than

outside, and they signed a contract for a remarkable “joint adventure.”

According to this document Scofield, Shurmer and Teagle put into the

business a plant worth at that time about $73,000 and their entire time.

Mr. Rockefeller put in $10,000 and his rebates! That is, he secured for

the firm the same preferential rates on their shipments that the

Standard Oil Company enjoyed. The firm bound itself not to refine over

85,000 barrels a year and neither jointly nor separately to engage in

any other form of oil business for ten years—the life of the contract.

Scofield, Shurmer and Teagle were guaranteed a profit of $35,000 a year.

Profits over $35,000 went to Mr. Rockefeller up to $70,000; any further

profits were divided.

The making of this contract and its execution were attended by all the

secret rites peculiar to Mr. Rockefeller’s business ventures. According

to the testimony of one of the firm given a few years later on the

witness stand in Cleveland the contract was signed at night at Mr.

Rockefeller’s house on Euclid Avenue in Cleveland, where he told the

gentlemen that they must not tell even their wives about the new

arrangement, that if they made money they must conceal it—they were not

to drive fast horses, “put on style,” or do anything to let people

suspect there were unusual profits in oil refining. That would invite

competition. They were told that all accounts were to be kept secret.

Fictitious names were to be used in corresponding, and a special box at

the post-office was employed for these fictitious characters. In fact,

smugglers and house-breakers never surrounded their operations with more

mystery.

But make his operations as thickly as he might in secrecy, the effect of

Mr. Rockefeller’s steady and united attack on the refining business was

daily becoming more apparent. Before the end of 1876 the alarm among oil

producers, the few independent refineries still in business, and even in

certain railroad circles was serious. On all sides talk of a united

effort to meet the consolidation was heard.

CHAPTER SIX

STRENGTHENING THE FOUNDATIONS

FIRST INTERSTATE COMMERCE BILL—THE BILL PIGEON-HOLED THROUGH EFFORTS

OF STANDARD’S FRIENDS—INDEPENDENTS SEEK RELIEF BY PROPOSED

CONSTRUCTION OF PIPE-LINES—PLANS FOR THE FIRST SEABOARD

PIPE-LINE—SCHEME FAILS ON ACCOUNT OF MISMANAGEMENT AND STANDARD AND

RAILROAD OPPOSITION—DEVELOPMENT OF THE EMPIRE TRANSPORTATION COMPANY

AND ITS PROPOSED CONNECTION WITH THE REFINING BUSINESS—STANDARD,

ERIE AND CENTRAL FIGHT THE EMPIRE TRANSPORTATION COMPANY AND ITS

BACKER, THE PENNSYLVANIA RAILROAD—THE PENNSYLVANIA FINALLY QUITS

AFTER A BITTER AND COSTLY WAR—EMPIRE LINE SOLD TO THE

STANDARD—ENTIRE PIPE-LINE SYSTEM OF OIL REGIONS NOW IN ROCKEFELLER’S

HANDS—NEW RAILROAD POOL BETWEEN FOUR ROADS—ROCKEFELLER PUTS INTO

OPERATION SYSTEM OF DRAWBACKS ON OTHER PEOPLE’S SHIPMENTS—HE

PROCEEDS RAPIDLY WITH THE WORK OF ABSORBING RIVALS.

From the time the Central Association announced itself, independent

refiners and the producers as a body watched developments with

suspicion. They had little to go on. They had no means of proving what

was actually the fact that the Central Association was the Standard Oil

Company working secretly to bring its competitors under control or drive

them out of business. They had no way of knowing what was actually the

fact that the Standard had contracts with the Central, Erie and the

Pennsylvania which gave them rebates on the lowest tariff which others

paid. That this must be the case, however, they were convinced, and they

determined early in 1876 to call on Congress for another investigation.

A hearing was practically insured, for Congress since 1872 had given

serious attention to the transportation troubles. The Windom Committee

of 1874 had made a report, the sweeping recommendations of which gave

much encouragement to those who suffered from the practices of the

railroads. Among other things this committee recommended that all rates,

drawbacks, etc., be published at every point and no changes allowed in

them without proper notification. It recommended the Bureau of Commerce

which, in 1902, twenty-eight years later, was created. So serious did

the Windom Committee consider the situation in 1874, that it made the

following radical recommendations:

The only means of securing and maintaining reliable and effective

competition between railways is through national or state ownership,

or control of one or more lines which, being unable to enter into

combinations, will serve as a regulation of other lines.

One or more double-track freight-railways honestly and thoroughly

constructed, owned or controlled by the government, and operated at

a low rate of speed, would doubtless be able to carry at a much less

cost than can be done under the present system of operating fast and

slow trains on the same road; and, being incapable of entering into

combinations, would no doubt serve as a very valuable regulator of

existing railroads within the range of their influence.

With Congress in such a temper the oil men felt that there might be some

hope of securing the regulation of interstate commerce they had asked

for in 1872. The agitation resulted in the presentation in the House of

Representatives, in April, of the first Interstate Commerce Bill which

promised to be effective. The bill was presented by James H. Hopkins of

Pittsburg. Mr. Hopkins had before his eyes the uncanny fate of the

independent oil interests of Pittsburg, some twenty-five factories in

that town having been reduced to two or three in three and one-half

years. He had seen the oil-refining business of the state steadily

reduced, and he thought it high time that something was done. In aid of

his bill a House investigation was asked. It was soon evident that the

Standard was an enemy of this investigation. Through the efforts of a

good friend of the organisation—Congressman H. B. Payne, of

Cleveland—the matter was referred to the Committee on Commerce, where a

member of the house, J. N. Camden, whose refinery, the Camden

Consolidated Oil Company, if it had not already gone, soon after went

into the Standard Oil Alliance, appeared as adviser of the chairman! Now

what Mr. Hopkins wanted was to compel the railroads to present their

contracts with the Standard Oil Company. The Committee summoned the

proper railroad officers, Messrs. Cassatt, Devereux and Rutter, and O.

H. Payne, treasurer of the Standard Oil Company. Of the railroad men,

only Mr. Cassatt appeared, and he refused to answer the questions asked

or to furnish the documents demanded. Mr. Payne refused also to furnish

the committee with information. The two principal witnesses of the oil

men were E. G. Patterson of Titusville, to whose energy the

investigation was largely due, and Frank Rockefeller of Cleveland, a

brother of John D. Rockefeller. Mr. Patterson sketched the history of

the oil business since the South Improvement Company identified the

Standard Oil Company with that organisation, and framed the specific

complaint of the oil men, as follows: “The railroad companies have

combined with an organisation of individuals known as the Standard Ring;

they give to that party the sole and entire control of all the petroleum

refining interest and petroleum shipping interest in the United States,

and consequently place the whole producing interest entirely at their

mercy. If they succeed they place the price of refined oil as high as

they please. It is simply optional with them how much to give us for

what we produce.”

Frank Rockefeller gave a pretty complete story of the trials of an

independent refiner in Cleveland during the preceding four years. His

testimony in regard to the South Improvement Company has already been

quoted. He declared that at the moment, his concern, the Pioneer Oil

Company, was unable to get the same rates as the Standard; the freight

agent frankly told him that unless he could give the road the same

amount of oil to transport that the Standard did he could not give the

rate the Standard enjoyed. Mr. Rockefeller said that in his belief there

was a pooling arrangement between the railroads and the Standard and

that the rebate given was “divided up between the Standard Oil Company

and the railroad officials.” He repeatedly declared to the committee

that he did not know this to be a positive fact, that he had no proof,

but that he believed such was the truth. Among the railroad officials

whom he mentioned as in his opinion enjoying spoils were W. H.

Vanderbilt, Thomas Scott and General Devereux. Of course the newspapers

had it that he had sworn that such was the fact. Colonel Scott promptly

wired the following denial:

“The papers of this morning publish that a man named Rockefeller

stated before your committee that myself and other officers of this

company were participants in rebates made to the Standard Oil

Company. So far as the statement relates to myself and the officers

of this company it is unqualifiedly false, and I have to ask that

you will summon the officers of the Standard Oil Company, or any

other parties that may have any knowledge of that subject, in order

that such villainous and unwarranted statements may be corrected.”

General Devereux published in the Cleveland press an equally emphatic

denial. Although Mr. Rockefeller promptly declared that he had stated to

the committee that he had no personal knowledge that there was such a

pool as he had intimated between the railroad men and the Standard, that

he had only given his suspicions, there were plenty of people to

overlook his explanation and assert that he had given proof of such a

division of spoils. The belief spread and is met even to-day in oil

circles. Now the only basis for any such assertion was the fact that W.

H. Vanderbilt, Peter H. Watson and Amasa Stone were at that time, 1876,

stockholders in the Standard Oil Company. There is no evidence of which

the writer knows that General Devereux or Colonel Scott ever held any

stock in the concern. Indeed, in 1879, when A. J. Cassatt was under

examination as to the relations of the Pennsylvania Railroad and the

Standard Oil Company, his own lawyer took pains to question him on this

point—an effort, no doubt, to silence the accusation which at that date

was constantly repeated.

“Mr. Cassatt,” Mr. MacVeagh said, “I want to direct your attention

to a personal matter which was asked you to a certain extent. You

were asked whether you had any knowledge that Mr. Vanderbilt,

representing the New York Central, or Mr. Jewett, representing the

Erie, had any interest whatever in the Standard Oil Company or any

of its affiliated companies. I wish to extend that question to the

other trunk lines. I wish you would state whether or not to your

knowledge Mr. Garrett, or anybody representing the Baltimore and

Ohio, had any such interest?”

“They have not to my knowledge.”

* * * * *

“Then I wish you would state whether Mr. Scott or yourself, or any

other officers of the Pennsylvania Railroad Company, had any such

interest?”

“Never to my knowledge. I speak of absolute knowledge as to myself,

but as to Mr. Scott to the best of my knowledge and belief.”

Of course after this controversy the railroads were more obdurate than

ever. Mr. Payne and Mr. Camden were active, too, in securing the

suppression of the investigations and they soon succeeded not only in

doing that but in pigeon-holing for the time Mr. Hopkins’s Interstate

Commerce Bill.

But the oil men had not been trusting entirely to Congressional relief.

From the time that they became convinced that the railroads meant to

stand by the terms of the “Rutter Circular” they began to seek an

independent outlet to the sea. The first project to attract attention

was the Columbia Conduit Pipe Line. This line was begun by one of the

picturesque characters of Western Pennsylvania, “Dr.” David Hostetter,

the maker of the famous Hostetter’s Bitters. Dr. Hostetter’s Bitters’

headquarters were in Pittsburg. He had become interested in oil there,

and had made investments in Butler County. In 1874 he found himself

hampered in disposing of his oil and conceived the idea of piping it to

Pittsburg, where he could make a connection with the Baltimore and Ohio

road, which up to this time had refused to go into the oil pool. Now at

that time the right of eminent domain for pipes had been granted in but

eight counties of Western Pennsylvania. Allegheny County, in which

Pittsburg is located, was not included in the eight, a restriction which

the oil men attributed rightly, no doubt, to the influence of the

Pennsylvania Railroad in the State Legislature. That road could hardly

have been expected to allow the pipes to go to Pittsburg and connect

with a rival road if it could help it. Dr. Hostetter succeeded in buying

a right of way through the county, however, and laid his pipes within a

few miles of the city to a point where he had to pass under a branch of

the Pennsylvania Railroad. The spot chosen was the bed of a stream over

which the railroad passed by a bridge. Dr. Hostetter claimed he had

bought the bed of the run and that the railroad owned simply the right

to span the run. He put down his pipes, and the railroad sent a force of

armed men to the spot, tore up the pipes, fortified their position and

prepared to hold the fort. The oil men came down in a body, and, seizing

an opportune moment, got possession of the disputed point. The railroad

had thirty of them arrested for riot, but was not able to get them

committed; it did succeed, however, in preventing the relaying of the

pipes and a long litigation over Dr. Hostetter’s right to pass under the

road ensued. Disgusted with this turn of affairs Dr. Hostetter leased

the line to three young independent oil men of whom we are to hear more

later. They were B. D. Benson, David McKelvy and Major Robert E.

Hopkins, all of Titusville. Resourceful and determined they built tank

wagons into which the oil from the pipe was run and was carted across

the tracks on the public highway, turned into storage tanks and again

repiped and pumped to Pittsburg. They were soon doing a good business.

The fight to get the Columbia Conduit Line into Pittsburg aroused again

the agitation in favour of a free pipe-line bill, and early in 1875

bills were presented in both the Senate and House of the state and

bitter and long fights over them followed. It was charged that the bills

were in the interest of Dr. Hostetter. He wants to transport his blood

bitters cheaply, sneered one opponent! Many petitions for the bill were

circulated, but there were even stronger remonstrances and the source of

some of them was suspicious enough; for instance, that of the “Pittsburg

refiners representing about one-third of the refining capacity of the

Pennsylvania district and nearly one-third of the entire capacity now in

business.” As the Pittsburg refiners were nearly all either owned or

leased by the Standard concern, and the few independents had no hope

save in a free pipe-line, there seems to be no doubt about the origin of

that remonstrance. Although the bills were strongly supported, they were

defeated, and the Columbia Conduit Line continued to “break bulk” and

cart its oil over the railroad track.

Another route was arranged which for a time promised success. This was

to bring crude oil by barges to Pittsburg, then to carry the refined

down the Ohio River to Huntington and thence by the Richmond and

Chesapeake road to Richmond. This scheme, started in February, was well

under way by May, and “On to Richmond!” was the cry of the independents.

Everything possible was done to make this attempt fail. An effort was

even made to prevent the barges which came down the Allegheny River from

unloading, and this actually succeeded for some time. There seemed to be

always some hitch in each one of the channels which the independents

tried, some point at which they could be so harassed that the chance of

a living freight rate which they had seen was destroyed.

Some time in April, 1876, the most ambitious project of all was

announced. This was a seaboard pipe-line to be run from the Oil Regions

to Baltimore. Up to this time the pipe-lines had been used merely to

gather the oil from the wells and carry it to the railroads. The longest

single line in operation was the Columbia Conduit, and it was built

thirty miles long. The idea of pumping oil over the mountains to the sea

was regarded generally as chimerical. To a trained civil engineer it did

not, however, present any insuperable obstacles, and in the winter of

1875 and 1876 Henry Harley, whose connection with the Pennsylvania

Transportation Company has already been noted, went to his old chief in

the Hoosac Tunnel, General Herman Haupt, and laid the scheme before him.

If it was a feasible idea would General Haupt take charge of the

engineering for the Pennsylvania Transportation Company? At the same

time Mr. Harley employed General Benjamin Butler to look after the legal

side of such an undertaking. Both General Haupt and General Butler were

enthusiastic over the idea and took hold of the work with a will. It was

not long before the scheme began to attract serious attention. The

Eastern papers in particular took it up. The references to it were, as a

whole, favourable. It was regarded everywhere as a remarkable

undertaking: “Worthy,” the New York Graphic said, “to be coupled with

the Brooklyn Bridge, the blowing up of Hell Gate, and the tunnelling of

the Hudson River.” As General Haupt’s plans show, it was a tremendous

undertaking, for the line would be, when finished, at least 500 miles

long, and it would be worked by thirty or more tremendous pumps. On July

25 a meeting was held at Parker’s Landing, presenting publicly the

reports of General Haupt and General Butler. The authority and

seriousness of the scheme as set forth at this meeting alarmed the

railroads. If this seaboard line went through it was farewell to the

railroad-Standard combination. Oil could be shipped to the seaboard by

it at a cost of 16⅔ cents a barrel, General Haupt estimated. All of the

interests, little and big, which believed that they would be injured by

the success of the line, began an attack.

Curiously enough one of the first points of hostility was General Haupt

himself. An effort was made to discredit his estimate in order to scare

people from taking stock. They recalled the Hoosac Tunnel scandal and

the fact that the General once built a bridge which had tumbled down,

ridiculed his estimate of the cost, etc., etc. The “card” in which

General Haupt answered his chief critic, one who signed himself “Vidi,”

was admirable:

A CARD FROM GENERAL HAUPT

What are the charges that I am requested to “smash”?

They are, as I understand them from others, for some I have not

seen:

1. That I once built a bridge that tumbled down.

2. That I was connected with the Hoosac Tunnel that cost seventeen

millions of dollars.

3. That my estimates of cost of transportation are ridiculously low

and unreliable.

1. I did design a bridge some twenty years ago, and constructed a

span near Greenfield, in Massachusetts, which gave way, owing to a

defective casting, while being tested. The bridge was not finished;

had not been opened to the public; had not been accepted from the

contractor, who repaired the damage in such a manner that a

recurrence of a break would have been impossible. I have built spans

of bridges and tested them until they broke, to ascertain their

ultimate strength, but I supposed that this was a matter that

concerned myself and not the public. If the bridge had been thrown

open for public use, and an accident had then occurred from

defective design or material, the engineer might have been

censurable, but not otherwise. In an experience of nearly forty

years I have never had a bridge to fail, after being opened for

travel, or a piece of masonry to give way. No accident occurred even

upon the temporary military bridges constructed during the war,

which President Lincoln used to say were built of bean poles and

corn stalks.

2. How about the Hoosac Tunnel?

In 1856 I undertook to build the Hoosac Tunnel, at that time

ridiculed as visionary and utterly impracticable. I carried it on

until 1862, when its practicability was so fully demonstrated that

it was considered some discredit to Massachusetts to allow the work

to proceed under engineers from another state, and honourable

members of the Legislature declared that Massachusetts had engineers

as competent as any that could be found in Pennsylvania. The work in

my hands, as was proved by reports of investigating committees, was

costing less than $2,000,000, and the trouble then was that the

margin was considered too large, and that I was making too much

money on the $2,000,000, which the state had agreed to advance. In

1862 the state took the work out of my hands and put it under

control of state commissioners and engineers. The result was that

instead of getting the Hoosac Tunnel completed for $2,000,000, which

was amply sufficient in the hands of H. Haupt and Company, it has

now cost, _under state management_, nearly $17,000,000.

I hope this explanation will be considered sufficient to “smash”

Number 2.

3. As to Number 3, the insufficiency of my estimate.

The items which enter into such an estimate are pure and simple.

There has been but one omission, and that is malicious mischief or

deviltry, and this item is so uncertain that, without a more

intimate acquaintance with “Vidi” and his supporters, I could not

undertake to estimate it.

I have put coal at five dollars per ton or eighteen cents per

bushel, now worth five cents at Brady’s and eight at Pittsburg. Is

not this enough? I have allowed fifty per cent. greater consumption

at each station than has been estimated by others. I have allowed

$1,000 a year for each of two engine men at each station. Will

anyone say this is not sufficient? And I have, to be safe, estimated

the work down below the results given by any of the ordinary

hydraulic formula. It would be absurd to tell experienced pipe men

that oil cannot be pumped fifteen miles under 900 pounds pressure

through a four–inch pipe with a discharge of 5,000 barrels per day,

which is all that the estimate is based upon, and it allows

sixty-five days’ stoppage besides.

Please, gentlemen, let me alone. I have had enough of newspaper

controversy in former years. I am sick of it.

H. HAUPT.

At the same time that General Haupt was attacked the Pennsylvania

Transportation Company was criticised for bad management. A long letter

to the Derrick August 14, 1876, claimed that the company in the past had

been mismanaged; that the credit it asked could not be given safely;

that its management had been such that it had scarcely any business

left. Indeed this critic claimed that the last pipe-line organised, a

small line known as the Keystone, had during the last six months done

almost double the business of the Pennsylvania. Under the direction of

the Pennsylvania Railroad, it was believed, the Philadelphia papers

began to attack the plan. Their claim was that the charters under which

the Pennsylvania Transportation Company expected to operate would not

allow them to lay such a pipe-line. The opposition became such that the

New York papers began to take notice of it. The Derrick on September 16,

1876, copies an article from the New York Bulletin in which it is said

that the railroads and the Standard Oil Company, “now stand in

gladiatorial array, with shields poised and sword ready to deal the

cut.” An opposition began to arise, too, from farmers through whose

property an attempt was being made to obtain right of way. In Indiana

and Armstrong counties the farmers complained to the secretary of

internal affairs, saying that the company had no business to take their

property for a pipe-line. One of the common complaints of the farmers’

newspapers was that leakage from the pipes would spoil the springs of

water, curdle milk, and burn down barns. The matter assumed such

proportions that the secretary referred it to the attorney-general for a

hearing. In the meantime the Pennsylvania Transportation Company made

the most strenuous efforts to secure the right of way. A large number of

men were sent out to talk over the farmers into signing the leases. Hand

bills were distributed with an appeal to be generous and to free the oil

business from a monopoly that was crushing it. These same circulars told

the farmers that a monopoly had hired agents all along the route

misrepresenting the facts about their intentions. Mr. Harley, under the

excitement of the enterprise and the opposition it aroused, became a

public figure, and in October the New York Graphic gave a long interview

with him. In this interview Mr. Harley claimed that the pipe-line scheme

was gotten up to escape the Standard Oil monopoly. Litigation, he

declared, was all his scheme had to fear. “John D. Rockefeller,

president of the Standard monopoly,” he said, “is working against us in

the country newspapers, prejudicing the farmers and raising issues in

the courts, and seeking also to embroil us with other carrying lines.”

It was not long, however, before something more serious than the farmers

and their complaints got in the way of the Pennsylvania Transportation

Company. This was a rumour that the company was financially embarrassed.

Their certificates were refused on the market, and in November a

receiver was appointed. Different members of the company were arrested

for fraud, among them two or three of the best known men in the Oil

Regions. The rumours proved only too true. The company had been grossly

mismanaged, and the verification of the charges against it put an end to

this first scheme for a seaboard pipe-line.

While all these efforts doomed to failure or to but temporary success

were making, a larger attempt to meet Mr. Rockefeller’s consolidation

was quietly under way. Among those interested in the oil business who

had watched the growing power of the Standard with most concern was the

head of the Empire Transportation Company, Colonel Joseph D. Potts. In

connection with the Pennsylvania Railroad Colonel Potts had built up

this concern, founded in 1865, until it was the most perfectly developed

oil transporter in the country. It operated 500 miles of pipe, owned a

thousand oil-tank cars, controlled large oil yards at Communipaw, New

Jersey, was in every respect indeed a model business organisation, and

it had the satisfaction of knowing that what it was it had made itself

from raw material, that its methods were its own, and that the practices

it had developed were those followed by other pipe-line companies. While

the Empire had far outstripped all its early competitors, there had

grown up in the last year a rival concern which Colonel Potts must have

watched with anxiety. This concern, known as the United Pipe Line, was

really a Standard organisation, for Mr. Rockefeller, in carrying out his

plan of controlling all the oil refineries of the country, had been

forced gradually into the pipe-line business.

His first venture seems to have been in 1873. In that year the

oil-shipping firm of J. A. Bostwick and Company laid a short pipe in the

Lower Field, as the oil country along the Allegheny River was called.

Now J. A. Bostwick was one of the charter members of the South

Improvement Company, and when Mr. Rockefeller enlarged his business in

1872 because of the power that enterprise gave him, he took Mr. Bostwick

into the Standard. This alliance, like all the operations of that

venture, was secret. The bitterness of the Oil Regions against the

members of the South Improvement Company was so great for many months

after the Oil War that Mr. Bostwick and Mr. Rockefeller seem to have

concluded in 1873 that it would be a wise precautionary measure for them

to lay a pipe-line upon which they could rely for a supply of oil in

case the oil men attempted again to cut them off from crude, as they had

succeeded in doing in 1872. Accordingly, a line was built and put in the

charge of a man who has since become known as one of the “strong men” of

the Standard Oil Company. This man, Daniel O’Day, was a young Irishman

who had first appeared in the oil country in 1867, and had at once made

so good a record for himself as transporting agent, that in 1869, when

the oil-shipping firm of J. A. Bostwick needed a man to look after its

shipments, he was employed. The record he made in the next two years was

such that it reached the ear of Jay Gould himself, the president of the

Erie, over which Mr. Bostwick was doing most of his shipping. Now the

Erie at this time was making a hard fight to meet the growth of the

Empire Transportation Company. So important did Jay Gould think this

struggle that in 1871 he himself came to the Oil Regions to look after

it. One of the first men summoned to his private car as it lay in

Titusville was the young Irishman, O’Day. He came as he was, begrimed

with the oil of the yards, but Mr. Gould was looking for men who could

do things, and was big enough to see through the grime. When the

interview was concluded, Daniel O’Day had convinced Jay Gould that he

was the man to divert the oil traffic from the Pennsylvania to the Erie

road, and he walked out with an order in his pocket which lifted him

over the head of everybody on the road so far as that particular freight

was concerned, for it gave him the right to seize cars wherever he found

them. For weeks after this he practically lived on the road, turning

from the Pennsylvania in this time a large volume of freight, and making

it certain that it would have to look to its laurels as it never had

before.

The next year after this episode came the Oil War. The anger of the oil

men was poured out on everyone connected in any way with the

stockholders of the South Improvement Company, and among others on Mr.

O’Day. He knew no more of the South Improvement Company at the start

than the rest of the region, but he did know that it was his business to

take care of certain property intrusted to him. Resolutions calling on

him to resign were passed by oil exchanges and producers’ unions. Mobs

threatened his cars, his stations, his person, but with the grit of his

race he hung to his post. There was, perhaps, but one other man in the

employ of members of the South Improvement Company who showed the same

courage, and that was Joseph Seep of Titusville. Almost every other

employee fled, the principals in the miserable business took care to

stay out of the country, but Mr. O’Day and Mr. Seep polished their

shillalahs and stood over their property night and day until the war was

over. Their courage did not go unrewarded. They were made the chief

executive representatives, in the region, of the consolidated Standard

interests which followed the war, though neither of them knew at the

time that they were in the Standard employ. They supposed that the

shipper Bostwick was an independent concern. It was a man of grit and

force and energy then who took hold of the Standard’s pipe-line in 1873.

Rapid growth went on. The little line with which they started became the

American Transfer Company, gradually extending its pipes to seventy or

eighty miles in Clarion County, and in 1875 building lines in the

Bradford Field.

The American Transfer Company was soon working in harmony with the

United Pipe Lines, of which Captain J. J. Vandergrift was the president.

This system had its nucleus, like all the others of the country, in a

short private line, built in 1869 by Captain Vandergrift. It had grown

until in 1874 it handled thirty per cent. of the oil of the region. Now

in 1872, after the Oil War, Captain Vandergrift had become a convert to

Mr. Rockefeller’s theory of the “good of the oil business,” and as we

have seen, had gone into the National Refiners’ Association as

vice-president. Later he became a director in the Standard Oil Company.

In 1874 he sold a one-third interest of his great pipe-line system to

Standard men, and the line was reorganised in the interests of that

company. That is, the Standard Oil Combination in 1876 was a large

transporter of oil, for the directors and leading stockholders owned and

operated fully forty per cent. of the pipe-lines of the Oil Regions,

owned all but a very few of the tank cars on both the Central and Erie

roads, and controlled under leases two great oil terminals, those of the

Erie and Central roads. It was little wonder that Colonel Potts watched

this rapid concentration of transportation and refining interests with

dread. It was more dangerous than the single shipper, and he had always

fought that idea on the ground of policy. “In the first place, it

concentrates great power in the hands of one party over the trade of the

road,” he told an investigating committee of Congress in 1888. “They can

remove it at pleasure. In the second place I think a large number of

parties engaged in the same trade are very apt to divide themselves into

two different classes as to the way of viewing markets; one class will

be hopeful, and the other the reverse. The result will be there will be

always one or the other class engaged in shipping some of the

traffic.... The whole question seems to me to resolve itself into

determining what policy will bring the largest volume in the most

regular way to the carrier; and it is my opinion, based upon such

experience as I have had, that a hundred shippers of a carload a day

would be sure to give to a carrier a more regular volume of business,

and I think, probably, a larger total volume of business in a year’s

time than one shipper of a hundred cars a day.”[53]

Holding this theory, Colonel Potts had opposed the rebate to the

Standard granted by the Pennsylvania in 1875. Three years later he

described in a communication, published anonymously, the effect of the

rebates granted at that time:

“The final agreement with the railways was scarcely blotter-dried

ere stealthy movements toward the whole line of outside refiners

were evident, although rather felt than seen. As long as

practicable, they were denied as mere rumours, but as they gradually

became accomplished victories, as one refiner after another, through

terror, through lack of skill in ventures, through financial

weakness, fell shivering with dislike into the embrace of this

commercial octopus, a sense of dread grew rapidly among those

independent interests which yet lived, and notably among a portion

of the railroad transporters.”

The chief “railroad transporter” who shared with the independents the

sense of dread which Mr. Rockefeller’s absorption of refineries awakened

was Mr. Potts himself. As he saw the independents of Pittsburg,

Philadelphia, New York and the creek, shutting down, selling out, going

into bankruptcy, while the Standard and its allies grew bigger day by

day, as he saw the Standard interest developing a system of

transportation greater than his own, he concluded to prevent, if

possible, the one shipper in the oil business. “We reached the

conclusion,” said Colonel Potts in 1888, “that there were three great

divisions in the petroleum business—the production, the carriage of it,

and the preparation of it for market. If any one party controlled

absolutely any one of those three divisions, it practically would have a

very fair show of controlling the others. We were particularly

solicitous about the transportation, and we were a little afraid that

the refiners might combine in a single institution, and some of them

expressed a strong desire to associate themselves permanently with us.

We therefore suggested to the Pennsylvania road that we should do what

we did not wish to do—associate ourselves. That is, our business was

transportation and nothing else; but, in order that we might reserve a

nucleus of refining capacity to our lines, we suggested we should become

interested in one or more refineries, and we became interested in two,

one in Philadelphia and one in New York. It was incidental merely to our

transportation. The extreme limit was 4,000 barrels a day only.”

It was in the spring of 1876 that the Empire began to interest itself in

refineries. No sooner did Mr. Rockefeller discover this than he sought

Mr. Scott and Mr. Cassatt, then the third vice-president of the

Pennsylvania, in charge of transportation. It was not _fair_! Mr.

Rockefeller urged. The Empire was a transportation company. If it went

into the refining business it was not to be expected that it would deal

as generously with rivals as with its own factories; besides, it would

disturb the one shipper who, they all had agreed, was such a benefit to

the railroads. Mr. Scott and Mr. Cassatt might have reminded Mr.

Rockefeller that he was as truly a transporter as the Empire, but if

they did they were met with a prompt denial of this now well-known fact.

He was an oil refiner—only that and nothing more. “They tell us that

they do not control the United Pipe Lines,” Mr. Cassatt said in his

testimony in 1879. Besides, urged Mr. Rockefeller, if they have

refineries of course they will give them better terms than they do us.

Mr. Flagler told the Congressional Committee of 1888 that the Standard

was unable to obtain rates through the Empire Transportation Company

over the Pennsylvania Railroad for the Pittsburg or Philadelphia

refineries as low as were given by competing roads, and, added he, “from

the fact that the business during those years _was so very close as to

leave scarcely any margin of profit_ under the most advantageous

circumstances. And we, finding ourselves undersold in the markets by

competitors whom we knew had not the same facilities in the way of

mechanical appliances for doing the business, knew that there was but

one conclusion to be reached, and that was that the Empire

Transportation Company favoured certain other shippers, I would say

favoured its own refineries to our injury.”

As the Standard Oil Company paid a dividend of about fourteen per cent.

in both 1875 and 1876, besides spending large sums in increasing its

plants and facilities, the margin of profit cannot have been so low as

it seemed to Mr. Flagler in 1888 to have been; naturally enough, for he

saw dividends of from fifty to nearly 100 per cent. later.

[Illustration:

A. J. CASSATT IN 1877

Third vice-president of the Pennsylvania Railroad in charge of

transportation when first contract was made by that road with the

Standard Oil Company.

]

[Illustration:

GENERAL GEORGE B. MCCLELLAN

President of the Atlantic and Great Western Railroad at the time of

the South Improvement Company. General McClellan did not sign the

contract.

]

[Illustration:

GENERAL JAMES H. DEVEREUX

Who in 1868 as vice-president of the Lake Shore and Michigan Southern

Railroad first granted rebates to Mr. Rockefeller’s firm.

]

[Illustration:

JOSEPH D. POTTS

President of the Empire Transportation Company. Leader in the struggle

between the Pennsylvania Railroad and the Standard Oil Company in

1877.

]

Mr. Vanderbilt and Mr. Jewett soon joined their protests to Mr.

Rockefeller’s. “The steps it (the Empire) was then taking,” said Mr.

Jewett, “unless checked would result in a diversion largely of the

transportation of oil from our roads; the New York Central road and our

own determined that we ought not to stand by and permit those

improvements and arrangements to be made which, when completed, would be

beyond our control.”[54] These protests increased in vehemence, until

finally the Pennsylvania officials remonstrated with Mr. Potts. “We

endeavoured,” says Mr. Cassatt, “to try to get those difficulties

harmonised, talked of getting the Empire Transportation Company to lease

its refineries to the Standard Oil Company, or put them into other

hands, but we did not succeed in doing that.” “Rather than do that,”

Colonel Potts told Mr. Cassatt, when he proposed that the Empire sell

its refineries, “we had rather you would buy us out and close our

contract with you.”

When the Standard Oil Company and its allies, the Erie and Central,

found that the Pennsylvania would not or could not drive the Empire from

its position, they determined on war. Mr. Jewett, the Erie president, in

his testimony of 1879 before the Hepburn Commission, takes the burden of

starting the fight. “Whether the Standard Oil Company was afraid of the

Empire Line as a refiner,” he said, “I have no means of knowing. I never

propounded the question. We were opposed to permitting the Empire Line,

a creature of the Pennsylvania Railroad, to be building refineries, to

become the owners of pipe-lines leading into the oil field and leading

to the coast, without a contest, and we made it without regard to the

Standard Oil Company or anybody else; but when we did determine to make

it, I have no doubt we demanded of the Standard Oil Company during the

contest to withdraw its shipments from the Pennsylvania.” Mr. Flagler

gave the following version of the affair to the Congressional Committee

of 1888:—

We made an agreement with the Empire Transportation Company for

shipments over the Pennsylvania Railroad on behalf of the

Pennsylvania interests, which were then owned by the Standard Oil

Company, simply because there was no alternative. It was the only

vehicle by which these Pittsburg refineries and the Philadelphia

refineries carried their crude oil over the Pennsylvania Railroad.

There was no other medium by which business could be done over the

Pennsylvania Railroad, except through the Empire Transportation

Company, a subsidiary company of the Pennsylvania Railroad Company.

The Empire Transportation Company was not only the owner of

pipe-lines in the Oil Regions, and tank-cars on the Pennsylvania

Railroad, but also of refineries at Philadelphia and New York, and

to that extent were our competitors. We, _having no interest

whatever in transportation_,[55] naturally felt jealous of the

Empire Transportation Company, and drew the attention of the

northern lines. By that I mean the New York Central and the Erie

railroads. With the peculiar position of the oil business on the

Pennsylvania Railroad, their attention was called to this very soon

after the Empire Transportation Company began the business of

refining. The position taken by the two Northern trunk lines in

their intercourse with the Pennsylvania Railroad, as was admitted by

Mr. Cassatt in his testimony, and stated to me by the

representatives of the two Northern roads, Mr. Vanderbilt and Mr.

Jewett, was that it was unfair to them that the Pennsylvania

Railroad did not divest itself of the manufacturing business.

Backed by the Erie and Central, Mr. Rockefeller, in the spring of 1877,

finally told Mr. Cassatt that he would no longer send any of his freight

over the Pennsylvania unless the Empire gave up its refineries. The

Pennsylvania refused to compel the Empire to this course. According to

Mr. Potts’s own story, the road was partially goaded to its decision by

a demand for more rebates, which came from Mr. Rockefeller at about the

time he pronounced his ultimatum on the Empire. “They swooped upon the

railways,” says Colonel Potts, “with a demand for a vast increase in

their rebate. They threatened, they pleaded, it has been said they

purchased—however that may be, they conquered. Minor officials intrusted

with the vast power of according secret rates conceded all they were

asked to do, even to concealing from their superiors for months the real

nature of their illegal agreements.” Probably it was at this time that

there took place the little scene between Mr. Vanderbilt and Mr.

Rockefeller and his colleagues, of which the former told the Hepburn

Commission in 1879. The Standard people were after more rebates. They

affirmed other roads were giving larger rebates than Mr. Vanderbilt, and

that their contract with him obliged him to give as much as anybody else

did.

“Gentlemen,” he told them, “you cannot walk into this office and say we

are bound by any contract to do business with you at any price that any

other road does that is in competition with us; it is only on a fair

competitive basis, a fair competition for business at a price that I

consider will pay the company to do it.”

Soon after this interview, so rumour says, Mr. Vanderbilt sold the

Standard stock he had acquired as a result of the deals made through the

South Improvement Company. “I think they are smarter fellows than I am,

a good deal,” he told the commission, somewhat ruefully. “And if you

come in contact with them I guess you will come to the same conclusion.”

Spurred on then by resentment at the demands for new rebates, as well as

by the injustice of Mr. Rockefeller’s demand that the Empire give up its

refineries, the Pennsylvania accepted the Standard’s challenge, resolved

to stand by the Empire, and henceforth to treat all its shippers alike.

No sooner was its resolution announced in March, 1877, than all the

freight of the Standard, amounting to fully sixty-five per cent. of the

road’s oil traffic, was taken away. An exciting situation, one of

out-and-out war, developed, for the Empire at once entered on an

energetic campaign to make good its loss by developing its own

refineries, and by forming a loyal support among the independent oil

men. Day and night the officers worked on their problem, and with

growing success. When Mr. Rockefeller saw this he summoned his backers

to action. The Erie and Central began to cut rates to entice away the

independents. It is a sad reflection on both the honour and the

foresight of the body of oil men who had been crying so loudly for help,

that as soon as the rates were cut on the Standard lines many of them

began to attempt to force the Pennsylvania to follow. “They found the

opportunity for immediate profits by playing one belligerent against the

other too tempting to resist,” says Colonel Potts. “We paid them large

rebates,” said Mr. Cassatt; “in fact, we took anything we could get for

transporting their oil. In some cases we paid out in rebates more than

the whole freight. I recollect one instance where we carried oil to New

York for Mr. Ohlen, or someone he represented, I think at eight cents

less than nothing. I do not say any large quantities, but oil was

carried at that rate.”

While the railroads were waging this costly war the Standard was

carrying the fight into the refined market. The Empire had gone

systematically to work to develop markets for the output of its own and

of the independent refineries. Mr. Rockefeller’s business was to prevent

any such development. He was well equipped for the task by his system of

“predatory competition,” for in spite of the fact that Mr. Rockefeller

claimed that underselling to drive a rival from a market was one of the

evils he was called to cure, he did not hesitate to employ it himself.

Indeed, he had long used his freedom to sell at any price he wished for

the sake of driving a competitor out of the market with calculation and

infinite patience. Other refiners burst into the market and undersold

for a day; but when Mr. Rockefeller began to undersell, he kept it up

day in and day out, week in and week out, month in and month out, until

there was literally nothing left of his competitor. A former official of

the Empire Transportation Company, who in 1877 took an active part in

the war his company was waging against the Standard, once told the

writer that in every town, North or South, East or West, in which they

already had a market for their refined oil, or attempted to make one,

they found a Standard agent on hand ready to undersell. The Empire was

not slow in underselling. It is very probable that in many cases it

began it, for, as Mr. Cassatt says, “They endeavoured to injure us and

our shippers all they could in that fight, and we did the same thing.”

In spite of the growing bitterness and cost of the contest, the Empire

had no thought of yielding. Mr. Potts’s hope was in a firm alliance with

the independent oil men, many of the strongest of whom were rallying to

his side. At the beginning of the fight he had very shrewdly enlisted in

his plan one of the largest independent producers of the day, B. B.

Campbell, of Butler. “Being a pleasure and a duty to me,” says Mr.

Campbell, “I entered into the service with all the zeal and power that I

have. I made a contract with the Empire Line wherein I bound myself to

give all my business to this line.” At the same time Mr. Potts sought

the help of the man who was generally accepted as the coolest, most

intelligent, and trustworthy adviser in matters of transportation the

Oil Regions had, E. G. Patterson, of Titusville. Mr. Patterson was a

practical railroad man, and an able and logical opponent of the rebate

and “one shipper” systems. He had been prominent in the fight against

the South Improvement Company, and since that time he had persistently

urged the independents to wage war only on the practice of rebates—to

refuse them themselves and to hold the railroads strictly to their duty

in the matter. Several conferences were held, and finally, in the early

summer, Mr. Potts read the two gentlemen a paper he had drawn up as a

contract between the producers and the Empire. It speaks well for the

fair-mindedness of Mr. Potts that when he read this document to Mr.

Campbell and Mr. Patterson, both of whom were skilled in the ways of the

transporter, they “accepted it in a moment.”

“It was made the duty of Mr. Patterson and myself to get signatures of

producers to this agreement,” says Mr. Campbell, “in a sufficient amount

to warrant the Pennsylvania road entering into a permanent agreement.

The contract, I think, was for three years.” The attempt to enlist a

solid body of oil men in the scheme was at once set on foot, but hardly

was it under way before troubles of most serious import came upon the

Pennsylvania road. A great and general strike on all its branches tied

up its traffic for weeks. In Pittsburg hundreds of thousands of dollars’

worth of property were destroyed by a mob of railroad employees. It is

not too much to say that in these troubles the Pennsylvania lost

millions of dollars; it is certain that as a result of them the company

that fall and the coming spring had to pass its dividends for the first

time since it commenced paying them, and that its stock fell to

twenty-seven dollars a share (par being fifty dollars). Overwhelmed by

the disasters, Mr. Scott and Mr. Cassatt felt that they could not afford

any longer to sustain the Empire in its fight for the right to refine as

well as transport oil.

While the coffers of the Pennsylvania were empty, those of the Standard

were literally bursting with profits; for the Standard, the winter

before this fight came on, had carried to completion for the first time

the work which it had been organised to accomplish, that is, it had put

up the price of refined oil, in defiance of all laws of supply and

demand, and held it up for nearly six months. The story of this dramatic

commercial hold-up is told in the next chapter; it is enough for present

purposes to say that in the winter of 1876–1877 millions of gallons of

oil were sold by Mr. Rockefeller and his partners at a profit of from

fifteen to twenty-five cents a gallon. The curious can compute the

profits; they certainly ran into the multi-millions. A dividend of fifty

per cent. was paid for the year following the scoop, and “there was

plenty of money made to throw that dividend out twice over and make a

profit,” Samuel Andrews, one of the Standard’s leading men, told an Ohio

investigating committee in 1879. The Standard then had a war budget big

enough for any opposition, and it is not to be wondered at that the

Pennsylvania, knowing this and finding its own treasury depleted, was

ready to quit.

It was August when Mr. Scott and Mr. Cassatt decided to give up the

fight. Peace negotiations were at once instituted, Mr. Cassatt going to

Cleveland to see Messrs. Rockefeller and Flagler, and Mr. Warden, who

was visiting them there. Later, the same gentlemen met Mr. Scott and Mr.

Cassatt at the St. George Hotel, in Philadelphia. “The subject of

discussion at these meetings,” said Mr. Cassatt in 1879, when under

examination, “was whether we could not make some contract or agreement

with the Standard Oil Company by which this contest would cease. They

insisted that the first condition of their coming back on our line to

ship over our road must be that the Empire Transportation Company, which

company represented us in the oil business, must cease the refining of

oil in competition with them. The Empire Transportation Company objected

to going out of the refining business.” The result of this objection

Colonel Potts stated in 1888: “Our contract with the Pennsylvania road

gave to them the option, at any time they saw proper, upon reasonable

notice, of buying our entire plant; they exercised that option.” “Was

that at your request or desire?” the chairman asked the Colonel. “No,

sir. It was at the request of the Pennsylvania road through their

officials.” The question then came up as to who should buy the plant of

the Empire Transportation Company. “The Standard wanted us to do so,”

says Mr. Cassatt. “They wanted us to buy the pipe-lines and cars; we

objected to buying the pipe-lines, and it resulted in their buying them

and the refining plants. The negotiations were carried on in

Philadelphia, Mr. Rockefeller and Mr. Flagler mainly representing the

Standard. A substantial agreement was reached about the last of October.

The agreement would have been probably perfected about that time except

that the counsel for the Empire Line thought it was necessary that they

should advertise the fact that they were going to sell their property,

and have a meeting of their stockholders, and get their assent to the

sale before the papers were finally signed.”

This meeting of which Mr. Cassatt speaks was held on October 17. Colonel

Potts made a statement to the stockholders, which he began by a brief

review of the growth of the company from the point when twelve years

before it had started as a new route charged with the duty of meeting

formidable competitors. He pointed out that at the close of the twelfth

year the company was the owner of a large fleet of lake vessels, of

elevators and docks at the City of Erie, of improved piers in New York

City, of nearly 5,000 cars, of over 500 miles of pipe-lines, of valuable

interests in refineries, of all the appliances of a great business. In

these twelve years, Colonel Potts told his stockholders, the

organisation had collected more than one hundred million dollars, and in

the last year their cars had moved over 30,000 miles of railway. He

explained to the stockholders the condition of the oil business which

had made it necessary, in his judgment, for the Empire Transportation

Company to go into the refining business. It was done with the greatest

reluctance, Colonel Potts declared, but it was done because he and his

colleagues believed that there was no other way for them to save to the

Pennsylvania road permanently the proportion of the oil traffic which

they had acquired in the twelve years in which they had been in

business. He reviewed, dispassionately, the circumstances which had led

the Pennsylvania road to ask the company to give up its refineries. He

stated his reasons for deciding that it was wiser for the Empire to

resign its contracts with the Pennsylvania and go into liquidation than

to submit to the demands of the Standard interests. Colonel Potts

followed his statement by an abstract of the agreements which had been

made between the Standard people and the Empire. By these agreements the

Standard Oil Company bought of the Empire Transportation Company their

pipe-line interest for the sum of $1,094,805.56, their refining

interests in New York and Philadelphia for the sum of $501,652.78,

$900,000 worth of Oil Tank Car Trust, and they also settled with outside

refiners and paid for personal property to the extent of $900,000 more,

making a total cash payment of $3,400,000. Two millions and a half of

this money, Colonel Potts told the stockholders, would be paid that

evening by certified checks if the agreements were ratified. “Not

knowing what your action might be at this meeting,” he concluded, “we

are still in active business. We could not venture to do anything that

would check our trade, that would repel customers, that would drive any

of them away from us. We must be prepared if you said no to go right

along with our full machinery under our contract, or under such

modification of that as we could fight through. We could not stop moving

a barrel of oil. We must be ready to take any offered to us; we must

supply parties taking oil. There was nothing we could do but what was

done; nothing was stopped, nothing is stopped, everything is going on

just as vigorously at this moment through as wide an extent of country

as ever it did, and it will continue to do so until after you take

action, until after we get these securities or the money. That, we

suppose, will be about six o’clock to-day, if you act favourably, and at

that time we shall, if everything goes through, telegraph to every man

in our service, and to the heads of departments what has been done, and

at twelve o’clock to-night we shall cease to operate anything in the

Empire Transportation Company.”

The stockholders accepted the proposition, and that night at Colonel

Potts’s office on Girard Street, Philadelphia, Mr. Scott and Mr.

Cassatt, of the Pennsylvania Railroad, Colonel Potts and two of his

colleagues in the Empire, and two of the refiners with whom he was

affiliated, met William Rockefeller, Mr. Flagler, Mr. Warden, Mr.

Lockhart, Charles Pratt, Jabez A. Bostwick, Daniel O’Day, and J. J.

Vandergrift, and their counsel, and the papers and checks were signed

and passed, wiping out of existence a great business to which a body of

the best transportation men the state of Pennsylvania has produced had

given twelve years of their lives. After the meeting was over, there

were sent out from Philadelphia to scores of employees of the Empire

Transportation Company scattered throughout the state, telegrams stating

that at twelve o’clock that night the company would cease to exist. For

twelve years the organisation had been doing a growing business. On the

date of this telegram its operations were more extensive, its

opportunities more promising, under fair play, than they had ever been

before in its history. The band of men who had built it up to such

healthy success were not giving it up because they had lost faith in it,

or because they believed there were larger opportunities for them in

some other business; they were giving it up because they were compelled

to, and probably men never went out of business in this country with a

deeper feeling of injustice than that of the officials of the Empire

Transportation Company on October 17, 1877, when they sent out the

telegrams which put their great creation into liquidation.

The pipe-lines thus acquired were at once consolidated with the other

Standard lines. Only a few independent lines, and only one of these of

importance—the Columbia Conduit—now remained in the Oil Regions. This

company had been doing business, since 1875, under the difficulties

already described. Dr. Hostetter, the chief stockholder, had become

heartily sick of the oil business and wanted to sell. He had approached

the Empire Line, and there had been some negotiations. Then came the

fall of the Empire and Dr. Hostetter sought the United Pipe Line. Intent

on stopping every outlet of oil not under their control the Standard

people bought the Columbia Conduit. By the end of the year the entire

pipe-line system of the Oil Regions was in Mr. Rockefeller’s hands. He

was the only oil gatherer. Practically not a barrel of oil could get to

a railroad without his consent. He had set out to be simply the only oil

refiner in the country, but to achieve that purpose he had been obliged

to make himself an oil transporter. In such unforeseen paths do great

ambitions lead men!

The first effect of the downfall of the Empire was a new railroad pool.

Indeed when it became evident that the Pennsylvania would yield, the

Erie, Central and the Standard had begun preparing a new adjustment, and

the papers for this were ready to be signed on October 17, with those

transferring the pipe-line property. Never had there been an arrangement

which gathered up so completely the oil outlets, for now the Baltimore

and Ohio road came into a pool for the first time. Mr. Garrett had

always refused the advances of the other roads, but when he saw that the

Columbia Conduit Line, his chief feeder, was sure to fall into Standard

hands; when he began to suspect the Baltimore refiners were going into

the combination, he realised that if he expected to keep an oil traffic

he must join the other roads. The new pool, therefore, was between four

roads. Sixty-three per cent. of the oil traffic was conceded to New

York, and of the sixty-three per cent. going there the Pennsylvania road

was to have twenty-one per cent. Thirty-seven per cent. of the traffic

was to go to Philadelphia and Baltimore, and of this thirty-seven per

cent. the Pennsylvania had twenty-six per cent. The Standard guaranteed

the road not less than 2,000,000 barrels a year, and if it failed to

send that much over the road it was to pay it a sum equal to the profits

it would have realised upon the quantity in deficit. In return for this

guarantee of quantity the Standard was to pay such rates as might be

fixed from time to time by the four trunk lines (which rates it was

understood should be so fixed by the trunk lines as to place them on a

parity as to cost of transportation by competing lines), and it was to

receive weekly a commission of ten per cent. on its shipments it

controlled.[56] No commission was to be allowed any other shipper unless

he should guarantee and furnish such a quantity of oil that after

deducting any commission allowed, the road realised from it the same

amount of profits as it did from the Standard trade. The points in the

agreement were embodied in a letter from William Rockefeller to Mr.

Scott. This letter and the answer declaring the arrangement to be

satisfactory to the company are both dated October 17.[57]

Four months later Mr. Rockefeller was able to take another step of great

advantage. He was able to put into operation the system of drawbacks on

other people’s shipments which the South Improvement Company contracts

had provided for, and which up to this point he seems not to have been

securely enough placed to demand. There were no bones about the request

now. Mr. O’Day, the general manager of the American Transfer Company, a

pipe-line principally in Clarion County, Pennsylvania, which, including

its branches, was from eighty to 100 miles in length, a company now one

of the constituents of the United Pipe Line, wrote to Mr. Cassatt:

“I here repeat what I once stated to you, and which I wish you to

receive and treat as strictly confidential, that we have been for

many months receiving from the New York Central and Erie Railroads

certain sums of money, in no instance less than twenty cents per

barrel on _every barrel of crude oil carried by each of these

roads_.” Continuing, Mr. O’Day says: “Co-operating as we are doing

with the Standard Oil Company and the trunk lines in every effort to

secure for the railroads paying rates of freight on the oil they

carry, I am constrained to say to you that in justice to the

interests I represent we should receive from your company at least

twenty cents on each barrel of crude oil you transport.... In

submitting this proposition I find that I should ask you to let this

date from November 1, 1877, but I am willing to accept as a

compromise (which is to be regarded as strictly a private one

between your company and ours) the payment by you of twenty cents

per barrel on all crude oil shipments commencing with February 1,

1878.”[58]

Mr. Cassatt complied with Mr. O’Day’s request. In a letter to the

comptroller of the road he said that he had agreed to allow this

commission after having seen the receipted bills, showing that the New

York Central allowed them a commission of thirty-five cents a barrel,

and the Erie Railroad a commission of twenty cents a barrel on Bradford

oil and thirty cents on all other oils. Thus the Standard Oil Company,

through the American Transfer Company, received, in addition to rebates

on its own shipments, from twenty to thirty-five cents drawback a barrel

on all crude oil which was sent over the trunk lines by other people as

well as by itself.[59]

The effect of this new concentration of power was immediate in all the

refining centres of the country. Most of the Baltimore refiners, some

eight in number, which up to this time had remained independent, seeing

themselves in danger of losing their oil supply, were united at the end

of 1877 into the Baltimore United Oil Company, with J. N. Camden at

their head. Mr. Camden was president of the Camden Consolidated Company

of Parkersburg, West Virginia, a concern already in the Standard

alliance, and he and his partners held the majority stock in the

Baltimore concern. The method of reaching the Baltimore independents who

looked with dislike or fear on the Standard was a familiar one: An

officer of one of the concerns owned by the Standard Oil Company would

approach the outsider who was feeling the pressure and propose a sale or

a lease to himself personally. It was an escape, and it usually ended in

the complete absorption of the plant by the Standard. A few of the

Baltimore interests refused to go into the Baltimore United Oil Company.

Among them was a woman, a widow, Mrs. Sylvia C. Hunt, who had conducted

a successful refinery there for several years, and whose business

ability and energy had been the admiration of all those with whom she

had come in contact. Her interests had been particularly cherished by

the Empire Line, “Mrs. Hunt’s cars” being given precedence many a time

by agents at Titusville or other shipping points who knew her story. In

the summer of 1877 her works burned out. With a courage which was

generally commented on at the time Mrs. Hunt at once rebuilt and in less

than six months had her plant in running order. Then came the fall of

the Empire Transportation Company, the sale of the Columbia Conduit

Company, and the entrance of the Baltimore and Ohio into the Oil Pool.

Every refiner in Baltimore knew what that meant, and the wise sold when

Mr. Camden proposed it. Mrs. Hunt, however, did not want to sell. She

distrusted the new company. Finally with many misgivings she leased for

five years at $5,000 a year. It was less than half she had been making,

so she claimed, and among her old friends there was much indignation.

Colonel Potts, indeed, in telling her story in his “Brief History of the

Standard Oil Company,” said: “It could fairly have been expected that

something of chivalrous feeling would be inspired by the sight of this

indomitable spirit who had wrought so noble a work against such great

odds. But though fine sentiments and generous words find frequent exodus

from the lips of the Standard managers, they are never seconded by

generous deeds. They crushed her business and her spirit as

remorselessly as they would have killed a dog.” These are bitter words

written when Colonel Potts was still smarting from his defeat. They were

written, too, without reflection that Mrs. Hunt, if allowed to have all

the oil she wanted, allowed equal rates, allowed to use her ability and

experience, allowed freedom to sell in the markets she had built up,

would undoubtedly have increased her business. She would have profited

by the high prices of refined oil which Mr. Rockefeller was taking all

this trouble to secure. She might have grown a formidable competitor

even, and disturbed the steadiness of the working of the great machine.

Colonel Potts forgot that if the Great Purpose was realised nobody must

do business except under Mr. Rockefeller’s control.

In New York City the new tariff and pooling arrangements caused the

greatest uneasiness, for here was the largest group of prosperous

independent refiners. They had all allied themselves with the Empire

Transportation Company in the spring of 1877 when its fight with the

Standard had begun, but they had been dropped immediately when peace

negotiations were begun, and a letter of remonstrance they sent Mr.

Scott at the time was never answered.[60] The experiences of several of

these independents have been recorded in court testimony. One or two

will suffice here. For instance, among the Eastern refiners was the firm

of Denslow and Bush; their works were located in South Brooklyn. They

had begun in a very small way in 1870, and by 1879 were doing a business

of nearly 1,000 barrels of crude a day. They had transported nearly all

their oil by the Empire Line. After that line went out of business in

October, 1877, the contract with Denslow and Bush was transferred to the

Pennsylvania Railroad Company. This contract terminated on the first day

of May, 1878. Some time in March they received formal notice of its

expiration, and solicited an interview with the officers of the

Pennsylvania Railroad in order to make some arrangements for the further

transportation of their oil. Mr. Cassatt named New York. The meeting was

held at Mr. Denslow’s office, 123 Pearl Street. Besides Mr. Bush, there

were present to meet Mr. Cassatt, Messrs. Lombard, Gregory, King, H. C.

Ohlen, and C. C. Burke, all independents. When Mr. Bush was under

examination in the suit against the Pennsylvania Railroad in 1879 he

gave an account of what happened at this interview:

“We asked Mr. Cassatt what rate of freight we should have after the

expiration of these contracts, whether we should have as low a rate

of freight as the Standard Oil Company or any other shipper? He

said, ‘No,’ We asked why. ‘Well, in the first place, you can’t ship

as much oil as the Standard Oil Company,’ ‘Well, if we could ship as

much oil’—I think Mr. Lombard put this question—‘would we then have

the same rate?’ He said, ‘No,’ ‘Why?’ ‘Why, you could not keep the

road satisfied; it would make trouble.’ And he remarked in

connection with that, that the Standard Oil Company was the only

party that could keep the roads harmonised or satisfied. He

intimated, I believe, that each road had a certain percentage of the

oil business, and they could divide that up and give each road its

proportion, and in that way keep harmony, which we could not do.

Right after that he made the remark that he thought that we ought to

fix it up with the Standard; we ought to do something so as to all

go on and make some money, and I think we gave him very distinctly

to understand that we didn’t propose to enter into any ‘fix up’

where we would lose our identity, or sell out, or be under anybody

else’s thumb. I believe that he went so far as to say that he would

see the Standard, and do everything he could to bring that thing

about. We told him very clearly that we didn’t want any interference

in that direction, and if there was anything to be done, we thought

we were quite capable of doing it. The interview perhaps lasted an

hour. There was a great deal of talk of one kind and another, but

this is, I think, the substance. This interview was in March, 1878,

I think.

“Another interview at which I was present was either in June or

July. Mr. Scott was present. This interview was brought about

because we had been deprived, as we believed, of getting a

sufficient number of cars we were entitled to. We had telegraphed or

written to Mr. Cassatt—at least, Mr. Ohlen, our agent, had, on

several occasions, and tried to get an interview, and finally this

one was appointed, at which Mr. Scott would be present. When we

arrived there we found Mr. Brundred, from Oil City; and Mr. Scott

went on to state that he thought that we were receiving our fair

proportion of cars. They tried to make us believe and feel, I

suppose, that we were getting our due proportion, when for some

considerable time previous to this we had not been able to do any

business in advance; we could only do business from hand to mouth.

We could not sell any refined oil unless we absolutely had the crude

oil in our possession in New York, and Mr. Lombard, one of our

number, had sold a cargo of crude oil, I think, of 9,000 barrels,

and Denslow and Bush absolutely stopped their refinery for three

weeks consequently, in order to let their oil go to Ayres and

Lombard to finish their vessel, because they would only get three or

four cars a day; and we stopped our place for three weeks to give

them our crude oil, all we could give—our proportion—in order to

lift them out and get their vessel cleared. After trying to impress

upon us that we were getting our proportion of cars, we asked Mr.

Scott substantially the same question we asked Mr. Cassatt in New

York, whether we could have, if there was any means by which we

could have, the same rate of freight as other shippers got, and he

said flatly, ‘No’; and we asked him then if we shipped the same

amount of oil as the Standard, and he said, ‘No,’ and gave the same

reasons Mr. Cassatt had in New York, that the Standard Oil Company

were the only parties that could keep peace among the roads. We

stated to Mr. Scott that we would like to know to what extent we

would be discriminated against, because we wanted to know what

disadvantage we would have to work under. And we went away very much

dissatisfied. All the information we got on that point was from Mr.

Cassatt in New York, when he stated that the discrimination would be

larger on a high rate of freight than on a low rate of freight,

which led us to infer that it was a percentage discrimination. That

is all the point that I recollect we ever got as to the amount of

the commission. We told Mr. Scott that if they hadn’t sufficient

cars on their road we would like to put some on, and he told us

flatly that they had just bought out one line and they would not

allow another one to be put on; that if they hadn’t cars enough they

would build them. He seemed to show considerable feeling that

afternoon, and he said: ‘Well, you have cost us in fighting for you

now a million dollars’ (or a million and a half, something like

that—a very large sum), ‘and we don’t propose to go into another

fight.’”[61]

Strange as it may seem there were not only men in the refining business

who were willing to fight under these conditions, there were men among

the very ones who had succumbed at the opening of the Standard’s

onslaught who were ready to try the business again. Among these was

William Harkness, whose experience up to 1876 was related in the

preceding chapter. Mr. Harkness’s next experience in the oil business

was related to the same committee as that already mentioned:

“When I was compelled to succumb,” he said, “I thought it was only

temporarily; that the time would come when I could go into the

business I was devoted to. We systematised all our accounts and knew

where the weak points were. I was in love with the business. I

selected a site near three railroads and the river. I took a run

across the water—I was tired and discouraged and used up in 1876,

and was gone three or four months. I came back refreshed and ready

for work, and had the plans and specifications and estimates made

for a refinery that would handle 10,000 barrels of oil a day, right

on this hundred acres of land. I believed the time had arrived when

the Pennsylvania Railroad would see their true interest as common

carriers, and the interest of their stockholders and the business

interest of the city of Philadelphia, and I took those plans,

specifications, and estimates, and I called on Mr. Roberts,

president of the Pennsylvania Railroad Company. I had consulted one

or two other gentlemen, whose advice was worth having, whether it

would be worth my while to go to see President Roberts. I went there

and laid the plans before him, and told him I wanted to build a

refinery of 10,000 barrels capacity a day. I was almost on my knees

begging him to allow me to do that. He said; ‘What is it you want?’

I said; ‘I simply ask to be put upon an equality with everybody

else, and especially the Standard Oil Company.’ I said; ‘I want you

to agree with me that you will give me transportation of crude oil

as low as you give it to the Standard Oil Company or anybody else

for ten years, and then I will give you a written assurance that I

will do this refining of 10,000 barrels of oil a day for ten years.’

I asked him if that was not an honest position for us to be in; I,

as a manufacturer, and he, the president of a railroad. Mr. Roberts

said there was a great deal of force in what I said, but he could

not go into any written assurance. He said he would not go into any

such agreement, and I saw Mr. Cassatt. He said in his frank way;

‘That is not practicable, and you know the reason why.’”

As this work of absorption went on steadily, persistently, the

superstitious fear of resistance to proposals to lease or sell which

came from parties known or suspected to be working in harmony with the

Standard Oil Company, which had been strong in 1875, grew almost

insuperable. In Cleveland this was particularly true. A proposal from

Mr. Rockefeller was certainly regarded popularly as little better than a

command to “stand and deliver.” “The coal-oil business belongs to us,”

Mr. Rockefeller had told Mr. Morehouse. “We have facilities; we must

have it. Any concern that starts in business we have sufficient money

laid aside to wipe out”[62]—and people believed him! The feeling is

admirably shown in a remarkable case still quoted in Cleveland—and which

belongs to the same period as the foregoing cases, 1878—a case which

took the deeper hold on the public sympathy because the contestant was a

woman, the widow of one of the first refiners of the town, a Mr. B——,

who had begun refining in Cleveland in 1860. Mr. B——’s principal

business was the manufacture of lubricating oil. Now at the start the

Standard Oil Company handled only illuminating oil, and accordingly a

contract was made between the two parties that Mr. B—— should sell to

Mr. Rockefeller his refined oil, and that the Standard Oil Company

should let the lubricating business in Cleveland alone. This was the

status when in 1874 Mr. B—— died. What happened afterwards has been told

in full in affidavits made in 1880,[63] and they shall tell the story;

the only change made in the documents being to transfer them for the

sake of clarity from the legal third person to the first, and to

condense them on account of space.

Mrs. B——’s story as told in her affidavit is as follows:

“My husband having contracted a debt not long prior to his death for

the first time in his life, I, for the interest of my fatherless

children, as well as myself, thought it my duty to endeavour to

continue the business, and accordingly took $92,000 of the stock of

the B—— Oil Company and afterwards reduced it to $72,000 or $75,000,

the whole stock of the company being $100,000, and continued

business from that time until November, 1878, making handsome

profits out of the business during perhaps the hardest years of the

time since Mr. B—— had commenced. Some time in November, 1878, the

Standard Oil Company sent a man to me by the name of Peter S.

Jennings, who had been engaged in the refining business and had sold

out to the Standard Oil Company. I told Mr. Jennings that I would

carry on no negotiations with him whatever, but that if the Standard

Oil Company desired to buy my stock I must transact the business

with its principal officer, Mr. Rockefeller. Mr. Jennings, as

representing the Standard Oil Company, told me that the president of

the company, Mr. Rockefeller, said that said company would control

the refining business, and that he hoped it could be done in one or

two years; but if not, it would be done, anyway, if it took ten

years to do it.

“After two or three days’ delay Mr. Rockefeller called upon me at my

residence to talk over the negotiation with regard to the purchase

of my stock. I told Mr. Rockefeller that I realised the fact that

the B—— Oil Company was entirely in the power of the Standard Oil

Company, and that all I could do would be to appeal to his honour as

a gentleman and to his sympathy to do with me the best that he

could; and I begged of him to consider his wife in my position—that

I had been left with this business and with my fatherless children,

and with a large indebtedness that Mr. B—— had just contracted for

the first time in his life; that I felt that I could not do without

the income arising from this business, and that I had taken it up

and gone on and been successful, and I was left with it in the

hardest years since my husband commenced the business. He said he

was aware of what I had done, and that his wife could never have

accomplished so much. I called his attention to the contract that my

husband had made with him in relation to carbon oil, whereby the

Standard Oil Company agreed not to touch the lubricating branch of

the trade carried on by my husband, and reminded him that I had held

to that contract rigidly, at a great loss to the B—— Oil Company,

but did so because I regarded it a matter of honour to live up to

it. I told him that I had become alarmed because the Standard Oil

Company was getting control of all the refineries in the country,

and that I feared that the said Standard Oil Company would go into

the lubricating trade, and reminded him that he had sent me word

that the Standard Oil Company would not interfere with that branch

of the trade. He promised, with tears in his eyes, that he would

stand by me in this transaction, and that I should not be wronged;

and he told me that, in case the sale was made, I might retain

whatever amount of the stock of the B—— Oil Company I desired, his

object appearing to be only to get the controlling stock of the

company. He said that while the negotiations were pending he would

come and see me, and I thought that his feelings were such on the

subject that I could trust him and that he would deal honourably by

me.

“Seeing that I was compelled to sell out, I wanted the Standard Oil

Company to make me a proposition, and endeavoured to get them to do

so, but they would not make a proposition. I then made a proposition

that the whole stock of the B—— Oil Company with accrued dividends

should be sold to said Standard Oil Company for $200,000, which was,

in fact, much below what the stock ought to have been sold for; but

they ridiculed the amount, and at last offered me only $79,000, not

including accounts, and required that each stockholder in the B——

Oil Company should enter into a bond that within the period of ten

years he or she would not directly or indirectly engage in or in any

way be concerned in the refining, manufacturing, producing, piping,

or dealing in petroleum or in any of its products within the county

of Cuyahoga and state of Ohio, nor at any other place whatever.

“Seeing that the property had to go, I asked that I might, according

to the understanding with the president of the company, retain

$15,000 of my stock, but the reply to this request was; ‘No

outsiders can have any interest in this concern; the Standard Oil

Company has “dallied” as long as it will over this matter; it must

be settled up to-day or go,’ and they insisted upon my signing the

bond above referred to.

“The promises made by Mr. Rockefeller, president of the Standard Oil

Company, were none of them fulfilled; he neither allowed me to

retain any portion of my stock, nor did he in any way assist me in

my negotiations for the sale of my stock; but, on the contrary, was

largely instrumental in my being obliged to sell the property much

below its true value, and requiring me to enter into the oppressive

bond above referred to.

“After the arrangements for the sale of the refinery and of my stock

were fully completed and the property had been sold by myself and

the other stockholders, and after I had made arrangements for the

disposition of my money, I received a note from Mr. Rockefeller, in

reply to one that I had written to him threatening to make the

transaction public, saying that he would give me back the business

as it stood, or that I might retain stock if I wished to, but this

was after the entire transaction was closed, and such arrangements

had been made for my money that I could not then conveniently enter

into it; and I was so indignant over the offer being made at that

late day, after my request for the stock having been made at the

proper time, that I threw the letter into the fire and paid no

further attention to it.”[64]

The letter which Mrs. B—— destroyed was included in the affidavit in

which Mr. Rockefeller answered Mrs. B——’s statement. It reads:

“November 13, 1878. DEAR MADAM: I have held your note of 11th inst.,

received yesterday, until to-day, as I wished to thoroughly review

every point connected with the negotiations for the purchase of the

stock of the B—— Oil Company, to satisfy myself as to whether I had

unwittingly done anything whereby you could have any right to feel

injured. It is true that in the interview I had with you I suggested

that if you desired to do so, you could retain an interest in the

business of the B—— Oil Company, by keeping some number of its

shares, and then I understood you to say that if you sold out you

wished to go entirely out of the business. That being my

understanding, our arrangements were made in case you concluded to

make the sale that precluded any other interests being represented,

and therefore, when you did make the inquiry as to your taking some

of the stock, our answer was given in accordance with the facts

noted above, but not at all in the spirit in which you refer to the

refusal in your note. In regard to the reference that you make as to

my permitting the business of the B—— Oil Company to _be taken_ from

you, I say that in this, as all else that you have written in your

letter of 11th inst., you do me most grievous wrong. It was of but

little moment to the interests represented by me whether the

business of the B—— Oil Company was purchased or not. I believe that

it was for your interest to make the sale, and am entirely candid in

this statement, and beg to call your attention to the time, some two

years ago, when you consulted Mr. Flagler and myself as to selling

out your interests to Mr. Rose, at which time you were desirous of

selling at _considerably less price_, and upon time, than you have

now received in cash, and which sale you would have been glad to

have closed if you could have obtained satisfactory security for the

deferred payments. As to the price paid for the property, it is

certainly three times greater than the cost at which we could

construct equal or better facilities; but wishing to take a liberal

view of it, I urged the proposal of paying the $60,000, which was

thought much too high by some of our parties. I believe that if you

would reconsider what you have written in your letter, to which this

is a reply, you must admit having done me great injustice, and I am

satisfied to await upon innate sense of right for such admission.

However, in view of what seems your present feelings, I now offer to

restore to you the purchase made by us, you simply returning the

amount of money which we have invested and leaving us as though no

purchase had been made. Should you not desire to accept this

proposal, I offer to you one hundred, two hundred, or three hundred

shares of the stock at the same price that we paid for the same,

with this addition, that we keep the property we are under

engagement to pay into the treasury of the B—— Oil Company, an

amount which, added to the amount already paid, would make a total

of $100,000, and thereby make the shares $100 each.

“That you may not be compelled to hastily come to conclusion, I will

leave open for three days these propositions for your acceptance or

declination, and in the meantime believe me,

Yours very truly,

“JOHN D. ROCKEFELLER.”

Mr. Rockefeller says further in the affidavit from which this letter is

drawn: “It is not true that I made any promises that I did not keep in

the letter and spirit, and it is not true that I was instrumental to any

degree in her being obliged to sell the property much below its true

value, and I aver that she was not obliged to sell out, and that such

was a voluntary one upon her part and for a sum far in excess of its

value; and that the construction which was purchased of her could be

replaced for a sum not exceeding $20,000.”[65]

It is probably true, as Mr. Rockefeller states, that he could have

reproduced Mrs. B——’s plant for $20,000; but the plant was but a small

part of her assets. She owned one of the oldest lubricating oil

refineries in the country, one with an enviable reputation for good work

and fair dealing, and with a trade that had been paying an annual net

income of from $30,000 to $40,000. It was this income for which Mr.

Rockefeller paid $79,000; this income with the old and honourable name

of the B—— Oil Company, with not a few stills and tanks and agitators.

It is undoubtedly true, as Mr. Rockefeller avers, that Mrs. B—— was not

obliged to sell out, but the fate of those who in this period of

absorption refused to sell was before her eyes. She had seen the twenty

Cleveland refineries fall into Mr. Rockefeller’s hands in 1872. She had

watched the steady collapse of the independents in all the refining

centres. She had seen every effort to preserve an individual business

thwarted. Rightly or wrongly she had come to believe that a refusal to

sell meant a fight with Mr. Rockefeller, that a fight meant ultimately

defeat, and she gave up her business to avoid ruin.

CHAPTER SEVEN

THE CRISIS OF 1878

A RISE IN OIL—A BLOCKADE IN EXPORTS—PRODUCERS DO NOT GET THEIR SHARE

OF THE PROFITS—THEY SECRETLY ORGANISE THE PETROLEUM PRODUCERS’ UNION

AND PROMISE TO SUPPORT PROPOSED INDEPENDENT PIPE-LINES—ANOTHER

INTERSTATE COMMERCE BILL DEFEATED AT WASHINGTON—“IMMEDIATE

SHIPMENT”—INDEPENDENTS HAVE TROUBLE GETTING CARS—RIOTS

THREATENED—APPEAL TO GOVERNOR HARTRANFT—SUITS BROUGHT AGAINST UNITED

PIPE-LINES, PENNSYLVANIA RAILROAD AND OTHERS—INVESTIGATIONS

PRECIPITATED IN OTHER STATES—THE HEPBURN COMMISSION AND THE OHIO

INVESTIGATION—EVIDENCE THAT THE STANDARD IS A CONTINUATION OF THE

SOUTH IMPROVEMENT COMPANY—PRODUCERS FINALLY DECIDE TO PROCEED

AGAINST STANDARD OFFICIALS—ROCKEFELLER AND EIGHT OF HIS ASSOCIATES

INDICTED FOR CONSPIRACY.

It was clear enough by the opening of 1878 that Mr. Rockefeller need no

longer fear any serious trouble from the refining element. To be sure

there were scattered concerns still holding out and some of them doing

very well; but his latest move had put him in a position to cut off or

at least seriously to interfere with the very raw material in which they

worked. It was hardly to be expected after the defeat of the

Pennsylvania that any railroad would be rash enough to combine with even

a strong group of refiners. As for independent pipe-lines, there were so

many ways of “discouraging” their building that it did not seem probable

that any one would ever go far. It was only a matter of time, then, when

all remaining outside refiners must come into his fold or die. Mr.

Rockefeller’s path would now have been smooth had it not been for the

oil producers. But the oil producers, naturally his enemy, he being the

buyer and they the seller, had become in the six years before Mr.

Rockefeller had made himself the only gatherer of their oil,

irreconcilable opponents of whatever he might do. The South Improvement

Company they regarded rightly enough as devised to control the price of

their product, and that scheme they wrongfully laid entirely at Mr.

Rockefeller’s door. Mr. Rockefeller had been only one of the originators

of the South Improvement Company, but the fact that he had become later

practically its only supporter, that he was the only one who had

profited by it, and that he had turned his Cleveland plant into a

machine for carrying out its provisions, had caused the oil country to

fix on him the entire responsibility. Then the oil men’s experience with

Mr. Rockefeller in 1873 had been unfortunate. They charged the failure

of their alliance to his duplicity. There is no doubt that Mr.

Rockefeller played a shrewd and false game with the oil men in 1873, but

the failure of their alliance was their own fault. They did not hold

together—they failed to limit their production as they agreed, they

suspected one another, and at a moment, when, if they had been as

patient and wise as their great opponent they would have had the game in

their own hands, and him at their feet, as he had been in 1872, for the

sake of immediate returns, they abandoned some of the best features of

their organisation, and allied themselves with a man they distrusted.

When that alliance failed they threw on Mr. Rockefeller’s shoulders a

blame which they should have taken on their own.

Another very real cause for their anxiety and dislike was that as the

refiners’ alliance progressed the refiners made a much larger share of

the profits than the producers thought fair. The abandoning of their

alliance in 1873 had of course put an end to their measures for limiting

production and for holding over-production until it could be sold at the

prices they thought profitable. The drill had gone on merrily through

1873, 1874, and 1875, regardless of consumption or prices. By the end of

1874 there were over three and a half million barrels of oil in stock,

more than twice what there had ever been before. Production was well to

a million barrels a month and prices that year averaged but $1.15 a

barrel. For men who considered three dollars a starvation price this was

indeed hard luck. Things looked better by the end of 1875, for

production was falling off. By March, 1876, stocks had been so reduced

that there was strong confidence that the price of crude oil must

advance. By June the Oil City Derrick began to prophesy “three-dollar

oil” and to advise oil men to hold crude for that price. In August three

dollars was reached in the Oil City exchange. It had been nearly four

years since that price had been paid for oil, and the day the point was

reached (August 25) the brokers fairly went mad. They jumped on their

chairs, threw up their hats, beat one another on the back, while the

spectators in the crowded galleries, most of them speculators, yelled in

sympathy. Before six o’clock that day oil reached $3.11¼. Nobody thought

of stopping because it was supper time. The exchange was open until

nearly midnight, prices booming on to $3.17½. It seemed like old times

in the Oil Region—the good old flush times when people made a fortune

one day and threw it away the next!

Of course refined oil went up steadily with crude. Refined reached 21⅜

cents in New York the day of this boom at Oil City. The day following

the rise was one of the most exciting the oil exchange had ever seen.

“Never before,” declared the Derrick in its report, “was so much

business done.” From early in the morning until ten o’clock at night the

exchange was crowded by frantic speculators. Their awful excitement was

clear from their blanched faces and wild voices. Fully 800,000 barrels

of oil exchanged hands that day, the advance between the time the

exchange opened and its close was over fifty-five cents. Refined in New

York advanced in accordance with the market on the creek, closing at

twenty-four cents. This went on for several days, when a new element in

the situation began to force itself on the oil men’s attention. One of

the chief reasons on which they based their confidence in high prices

for crude oil was the fact that the foreigners were short of refined

oil. It was the custom then, as now, for exporters to buy their oil for

the winter European trade in the late summer and early fall. When the

boom began the harbour at New York was beginning to fill up with ships

for cargoes. But to the consternation of the oil men intent on keeping

up the boom, the exporters were refusing to buy. They were declaring the

price to which refined had risen to be out of proportion to the price of

crude. More, they declared the latter a speculative price—only once,

they argued, had it touched four dollars, and the refiners were not

buying at that price for manufacture. They were holding refined too

high. It was early in September when the realisation came upon the Oil

Regions that a new element was in the problem—a veritable blockade in

exports. As the days went on they saw that this was no temporary affair.

They saw that Mr. Rockefeller’s combination was at last carrying out

just what it had been organised to do—forcing the price it wanted for

refined. Day after day refined was held at twenty-six cents. Day after

day the exporters refused to buy. It was not until the end of September,

in fact, that they began to yield—as it was inevitable they should do,

for the game was certainly in the hands of the refiners, and Europe had

to have its light. The exporters began to see too that if they held off

longer they might have to pay higher prices, for it was rumoured that

the Standard Combination was shutting down its factories, literally

making refined scarce, while crude oil was piling up in Pennsylvania!

With the yielding of the exporter exactly what they feared occurred, the

price was raised! The exporters balked again. The matter began to

attract public attention. The New York Herald was particularly active in

airing the situation and did not hesitate to denounce it as a “Petroleum

Plot.” The leaders were interviewed, among them Mr. Rockefeller. Mr.

Rockefeller still held to his theory that to make oil dear was worthy of

public approval. They had aimed to control the price of oil in a

perfectly legitimate way, he told the Herald reporter, and the exporters

would have to yield to their prices. By the end of October New York

harbour was full of vessels—a mute protest against the corner—and it was

not until November that the exporters fully gave in and began to take

all the oil they could get at prices asked, which ranged from twenty-six

to thirty-five cents. And these prices were held all through the winter

of 1876–77, up to February 22. They were held regardless of the price of

crude, for, do their utmost, the producers could not keep their oil up

to the corresponding price of refined. According to the scale of

relative prices then accepted, twenty-six cents a gallon for refined

meant five dollars a barrel for crude, yet there was not a month in the

entire period of this hold-up that crude averaged that price. In

December, when the average price of refined was 29⅜ cents, crude was but

$3.78⅛ a barrel. The producers held meetings and passed resolutions,

cursed the refiners and talked of building independent refineries,

filled the columns of the Derrick with open letters advocating a

shut-down, an alliance of their own, restrictive legislation, an oil

men’s railway, and what was more to the point some of them supported,

with more or less fidelity, the efforts to build up counter movements

noted in the last chapter: the Columbia Conduit Line, the seaboard

pipe-line, and especially the alliance with the Empire Transportation

Company, attempted in the spring of 1877. There seemed more hope in this

last combination than in any other movement, for they had faith in

Colonel Potts, and besides they were accustomed to seeing the

Pennsylvania Railroad get what it wanted. The defeat of the Pennsylvania

was therefore the heavier blow. Indeed, the news of the sale of the

Empire pipe-lines to the Standard was like the sounding of the tocsin in

the angry and baffled Oil Regions. It revived the spirit of 1872. But it

was the spirit of 1872 with new dignity and a discretion such as had

never been before seen in the blatant region. In every town from McKean

County southwest to Butler the oil towns hastened to organise themselves

into a secret society. Little by little it came out that a Producers’

Union had been organised. From all that could be learned it looked very

much as if the Petroleum Producers’ Union had come into existence to do

business. On November 21, 1877, the first meeting of the new

organisation was held, “the Petroleum Parliament” or “Congress” it was

called. This Congress, which met in Titusville, was composed of 172

delegates. It was claimed that it represented at least 2,000 oil

producers, and not less than seventy-five millions in money. It is

certain it included the representative men of the Oil Regions, those to

whose daring, hard work, and energy the discovery and development of the

oil fields, as they were known at that time, were entirely due.

[Illustration:

WOODEN CAR TANKS

]

[Illustration:

BOILER TANK CARS

]

[Illustration:

WOODEN TANKS FOR STORING OIL

]

[Illustration:

RAILROAD TERMINAL OF AN EARLY PIPE LINE

]

For four days the Congress was in session, and it is a remarkable

comment on the seriousness with which it had undertaken its work that,

although reporters from all parts of the country interested in oil were

present, nothing leaked out. In December a second session of four days

was held in Titusville, but no announcement of what was doing was made

to the press. Indeed, it was only as lines of action developed that the

public became familiar with what the producers had resolved on in the

days of secret session which they had held.

Their resolutions had been eminently wise and they undertook their

support vigorously and intelligently. First and foremost they resolved

to stand by all efforts to secure an outlet to the seaboard independent

of the Standard and the allied railroads. Two enterprises were put

before them at once. The first was what was known as the Equitable

Petroleum Company, an organisation started by one of the most

resourceful and active independent men in the oil country, one of whom

we are to hear more, Lewis Emery, Jr. This company, in which some 200

oil producers in the Bradford field had taken stock, proposed to lay a

pipe-line to Buffalo and to ship their oil thence by the Erie Canal.

They had acquired a right of way to Buffalo and had capital pledged to

carry out the project. The second enterprise to come before the newly

formed union was much more ambitious. It was nothing less than a revival

of Mr. Harley’s enterprise which had attracted so much attention in

1876. It was revived now by the three men who had been operating the

Columbia Conduit Line under a lease—Messrs. Benson, McKelvy and Hopkins,

who had been set free by the sale of that property to the Standard.

Their experience with the pipe-line business had convinced them it was

one of the most lucrative departments of the oil industry. They believed

too that oil could be pumped over the mountains, and no sooner were they

free than they took up Mr. Harley’s old idea and engaged the same

engineer he had brought into the enterprise, General Herman Haupt, to

survey a route from Brady’s Bend on the Allegheny River to Baltimore,

Maryland—a distance of 235 miles. To both of these projects the General

Council of the Union gave promise of support.

The demand for interstate commerce legislation was renewed at once by

the Union, and in December E. G. Patterson, the head of the committee

having the matter in hand, prepared the first draft of an act which was

put in formal shape by George B. Hibbard, of Buffalo, counsel employed

by the Union for this purpose. Mr. Hibbard also prepared a memorandum of

the law on the subject. The bill prepared by Mr. Patterson and Mr.

Hibbard was introduced into the House of Representatives in May, 1878,

by Lewis F. Watson, whose home was in Warren County, Pennsylvania. It

was called into committee and came out as the Regan bill and as such was

passed at the end of the year by the House, but only to be smothered

later in the Senate. At the same time that the effort was going in

Washington for relief the Legislature of Pennsylvania was being besieged

again for a free pipe-line bill and an anti-discrimination bill. Both of

these projects failed, and the committee having them in charge said

bitterly in its report to the Union: “How well we have succeeded at

Harrisburg you all know. It would be in vain for your committee to

describe the efforts of the Council in this direction. It has been

simply a history of failure and disgrace. If it has taught us anything,

it is that our present law-makers, as a body, are ignorant, corrupt and

unprincipled; that the majority of them are, directly or indirectly,

under the control of the very monopolies against whose acts we have been

seeking relief.... There has been invented by the Standard Oil Company

no argument or assertion, however false or ridiculous, which has not

found a man in the Pennsylvania Legislature mean enough to become its

champion.”

On every side indeed the producers hastened to protect themselves

against the Lord of the Oil Regions, as Mr. Rockefeller, not inaptly,

was called, on the completion of his pipe-line monopoly. That they were

not merely alarmists in thinking that they must do something to protect

their interests was demonstrated sooner than was anticipated. The

demonstration was hurried by an unforeseen and difficult situation—a

great outpouring of oil in a new field—the Bradford or Northern Field in

McKean County, Pennsylvania. About the time that Mr. Rockefeller’s

lordship was realised it became certain that a deposit of oil had been

discovered which was going to lead soon to a production vastly in excess

of the consumption, as well as in excess of the then existing facilities

for gathering and storing oil. If Mr. Rockefeller wished to keep his

monopoly he must, it was evident, enter upon a campaign of expansion

calling for an immense expenditure of energy and money. He must lay

pipes in a hundred directions to get the output of new wells; he must

build tanks holding thousands of barrels to receive the oil. And all of

this must be done quickly if rivals were to be kept out of the way.

There was no hesitation on the part of the United Pipe Lines. One of the

greatest construction feats the country has ever seen was put through in

the years 1878, 1879 and 1880 in the Bradford oil field by the Standard

interests. It was a wonderful illustration of the surpassing

intelligence, energy and courage with which the Standard Oil Company

attacks its problems. But while it was putting through this feat it

instituted a policy toward the producers which was regarded by them as

tyrannical and unjustifiable. The first manœuvre in this new policy hit

the producer in a very tender spot, for it concerned the price he was to

receive for oil.

The method which prevailed at the time in handling and buying and

selling oil was this: At the request of the well owner connected with a

pipe-line his oil was run and credited to him in the pipe-line office.

Here he could hold it as long as he wished by paying a storage charge.

If he wished to sell his “credit balance,” as oil to his account was

called, he simply gave the buyer an order on the line for the oil, and

it was transferred to the account of the new buyer. The pipe-lines

frequently had hundreds of thousands of barrels of oil in hand, and they

traded with this oil as banks do with their deposits—that is, they

issued certificates for each 1,000 barrels of oil on hand, and these

certificates were negotiable like any other paper. Now the United Pipe

Lines acknowledged itself a common carrier, and so was obliged to

discharge the duty of collecting oil on demand, or at least within a

reasonable time after the demand of its patrons.

But in December, 1877, after the monopoly was completed, they refused to

discharge their obligations in the customary way. On the plea that they

had not sufficient tankage to carry oil in the Bradford field, they

issued an order that no oil would be run in that district for any one

unless it was sold for “immediate shipment”—that is, no oil would be

taken to hold for storage; it would be taken for shipping only. At the

same time the Standard buyer, J. A. Bostwick, decreed that henceforth no

Bradford oil would be bought for immediate shipment unless it was

offered at _less_ than the market price. No fixed discount was set. The

seller was asked what he would take; his offer was, of course, according

to his necessities. Even then an answer was not always immediately

given. The seller was told to come back in five or ten days and he would

be told if his oil would be taken. A feature of the new order,

particularly galling to the oil men, was the manner in which it was

enforced. Formerly the buyer and seller had met freely in the oil

exchanges and their business offices, and transactions had been carried

on as among equals. Now the producers were obliged to form in line

before the United Pipe Lines’ offices and to enter one at a time to

consult the buyer. A line of a hundred men or more often stood during

the hours set before the office, waiting their turn to dispose of their

oil. It should be said in justice to Mr. Bostwick that he was not the

first buyer to take oil at a discount. The producers themselves

frequently offered oil at less than the market price when in need of

money, but Mr. Bostwick was the first buyer in a situation to force them

to make the discount regularly. When these orders came, few of the

producers had sufficient private tankage to take care of any amount of

oil. Here was the situation then: to keep oil from running on the ground

the producer must sell it; but if he sold it he must take a price from

two to twenty-five cents or more below the market.

The immediate shipment order was not an invention of the United Pipe

Lines. It had been enforced more than once for brief periods by various

lines when they found their capacity overcrowded by some unexpected

situation. In 1872 epizootic among the horses so upset things in the Oil

Regions that for a short time an immediate shipment order was enforced.

In 1874, when the pipe-lines were overtaxed by a great outpouring of oil

in the Lower Field, immediate shipment had been attempted, but at that

time there were still so many independent pipes struggling for business

that the movement met no success. Now, however, the United Pipe Lines

had things its own way. That they were not ready to meet the growing

Bradford production is plain from a study of the figures. There were in

the Oil Regions at the close of 1877, according to the Oil City Derrick,

4,000,000 barrels of tankage. There was on hand at this time 3,127,837

barrels of oil, but the empty tankage was in the wrong place. In the

Bradford field, where the daily production had suddenly increased from

2,000 barrels in January to 8,451 barrels in December, there was only a

little over 200,000 barrels of tankage.[66] In order to take care of the

oil the pipe-lines began to make nearly all their shipments from that

field, and oil piled up in the Lower Region to the great dissatisfaction

of the producers there.

As soon as the situation of the Bradford field was realised both the

United Pipes and the producers began a furious campaign of tank

building. By the beginning of April, 1878, the tankage there had been

increased to 1,152,028 barrels.[67] Between April 1 and November 1

seventy tanks of from 10,000 to 25,000 barrels capacity were built in

McKean County. The greater number of these belonged to the producers.

According to the United Pipe Lines’ statement, there was under their

control in the entire Oil Regions in October 5,200,000 barrels of

tankage, two-thirds of which belonged to producers, but was held by them

under a lease.[68] But oil poured from the ground faster than tanks

could be built. In six months—that is, by July, 1878,—the daily output

of Bradford had become over 18,000 barrels, an increase of 10,000

barrels a day over that of the previous December. That it was a most

difficult situation for everybody is evident. There was but one way to

prevent loss—shut down the wells and stop the drill; but this the

producers refused to consider. Of course the price of oil went down

rapidly, so far did the production exceed consumption. But why, cried

the producer, when oil is already so low, take advantage of our

necessity and force us into competition with each other; why enforce

this immediate shipment? They answered their question themselves, and

began then to make a charge against the Standard, which they continue to

make to-day; that is, that it habitually meets the extraordinary

expenses to which it is put by depressing the price of crude oil—“taking

it out of the producer.” The Bradford region demanded great investments,

therefore immediate shipment. “The producer pays.” The writer has no

documentary proof that this is Mr. Rockefeller’s policy, but there is no

question that the Oil Region believes it is, and this belief must be

taken into account if one attempts to explain the long warfare of the

oil country on him and his company. It is a common enough thing to-day,

indeed, to hear oil producers in Northwestern Pennsylvania remark

facetiously when a new endowment to Chicago University is reported:

“Yes, I contributed so much on such a day. Don’t you remember how the

market slumped without a cause? The university needed the money, and so

Mr. Rockefeller called on us to stand and deliver.”

A few months after “immediate shipment” was begun a new cause for

dissatisfaction arose. More or less private tankage leased to the lines

had always been in existence. It enabled a producer to carry his oil

without paying storage, and, of course, it was the business of the

company to empty this storage within a reasonable time after the owner

demanded it. But in the spring the lines, under the same plea of under

capacity, refused to carry out this duty to the tank owner; that is,

they refused to give him his tankage, although he had sold his oil. Thus

A owns 5,000 barrels of tankage. It is full. He sells a portion of it to

Mr. Bostwick and asks the United Pipe Lines to run the oil accumulated

at his wells. But the United Pipe Lines refuses on the ground that the

line is full. The loss to producers incident upon these orders was

terrible. All over the Bradford field men saw their oil running on the

ground, though they offered to sell it at ruinous prices, and though

they might have thousands of barrels of tankage leased to the United

Lines. Yet they did not riot; conscious that their own reckless drilling

had brought on the trouble, they cursed the Standard, and put down more

wells!

But in the spring of 1878 Mr. Rockefeller and his colleagues instituted

a series of manœuvres which shattered the last remnant of confidence the

oil men had in the sincerity of their claim that they were doing their

utmost to relieve the distressed Oil Regions, and that their measures

were necessary to hold the producers in check. The pipe-lines began to

refuse to load cars for the shippers who supplied the few independent

refiners with oil. The experiences of many of these independent oil men

have been told before the courts. For instance, W. H. Nicholson, the

representative of Mr. Ohlen, of New York, a shipper of petroleum,

testified[69] that in May, 1878, he began to have difficulty in getting

cars. At Olean, one day, Mr. Ohlen telegraphed to the officials of the

Erie road to know if he could get 100 cars to run East. The reply came

back, Yes. About noon, Mr. Nicholson says, he saw Mr. O’Day, the manager

of the United Pipe Lines, in which his oil was stored, and told him that

he was waiting to have his cars loaded. Mr. O’Day at once said he could

not load the cars. “But I have an order from the Erie officials, giving

me the cars,” Mr. Nicholson objected. “That makes no difference,” O’Day

replied; “I cannot load cars except upon an order from Pratt.” Nor would

he do it. The cars were not loaded for Mr. Nicholson, although at that

time he had ten thousand barrels of oil in the United Pipe Lines, and an

order for 100 cars from the officials of the Erie road in his hand.

B. B. Campbell, at that time president of the Producers’ Union, gave his

experience at this time in the suit of the Commonwealth against the

Pennsylvania Railroad:

I never heard of a scarcity of cars until the early part of June,

1878; I came to Parker about five o’clock in the evening, and found

the citizens in a state of terrible excitement; the Pipe-Lines would

not run oil unless it was sold; the only shippers we had in Parker

of any amount, viz., the agents of the Standard Oil Company, would

not buy oil, stating that they could not get cars; hundreds of wells

were stopped to their great injury; thousands more, whose owners

were afraid to stop them for fear of damage by salt-water, were

pumping the oil on the ground. I used all the influence I had to

prevent an outbreak and destruction of railroad and pipe-lines; I at

once went over to the Allegheny Valley Railroad office and

telegraphed to John Scott, president of the Allegheny Valley

Railroad Company:

“‘The refusal of the United to run oil unless sold upon immediate

shipment, and of the railroad to furnish cars, has created such a

degree of excitement here that the more conservative part of the

citizens will not be able to control the peace, and I fear that the

scenes of last July will be repeated on an aggravated scale.’ That

message I left in the office about seven o’clock in the evening. I

got up the next morning before seven and received an answer:

“‘What do you advise should be done? John Scott.’ I answered: ‘Will

meet you to-morrow morning,’ which would be Saturday.

“On Saturday morning I came in on an early train and met at the

depot Mr. Shinn, then, I believe, vice-president of the Allegheny

Valley Railroad Company, David A. Stewart, one of the directors of

the road, and Thomas M. King, assistant superintendent. I spoke very

plainly to Mr. Shinn, telling him that the idea of a scarcity of

cars on daily shipments of less than 30,000 barrels a day was such

an absurd, barefaced pretence that he could not expect men of

ordinary intelligence to accept it, as the preceding fall, when

business required, the railroads could carry day after day from

50,000 to 60,000 barrels of oil. Mr. Shinn stated clearly that I

knew that the Allegheny Valley Railroad Company did not control the

oil business over its line, but was governed entirely and

exclusively by orders received from the Pennsylvania Railroad

Company. I then requested him to be the vehicle of communicating to

the Pennsylvania Railroad officials my views on the subject, telling

him that I was convinced that unless immediate relief was furnished

and cars afforded there would be an outbreak in the Oil Regions.

After further conversation we parted. My interview with them was not

as officials of the Allegheny Valley Railroad Company, but as

representatives of the oil traffic carried and controlled by the

Pennsylvania road. On the next Monday I returned to Parker. After

passing Redbank, where the low-grade road, the connecting link

between the Valley Road and the Philadelphia and Erie Road, meets

the Valley Road—between that point and Parker—the express train was

delayed for over half an hour in passing through _hundreds of empty

oil cars_.”[70]

In June another exasperating episode occurred, growing out of the

attempts of the oil men to secure independent routes to the seaboard. As

we have seen, two enterprises had been launched late in 1877 under the

patronage of the Petroleum Producers’ Union. As soon as the Equitable

had acquired its right of way to Buffalo, Mr. Emery, the head of the

company, his papers in hand, sought an interview with representatives of

the Buffalo and McKean road, and told them if they did not consent that

the Equitable lay a pipe-line to their road, and did not contract to

carry the oil from that connection to Buffalo, the pipe-line to Buffalo

would be laid. After considerable negotiation a contract was made with

the railroad, and by June the new company was ready with pipe-line, cars

and barges to carry oil to New York. But no sooner did they attempt to

begin operations than the railroad, under pressure from the Pennsylvania

Railroad it was claimed, refused to carry out its contracts. The cars

the Equitable ordered sent to the loading track were refused, a side

track it had laid was torn up, the frog torn out; everything, indeed,

was done to prevent the Equitable doing business, though finally a

vigorous appeal to the law brought the road to terms, and in July oil

began to flow Eastward by this indirect route. No sooner did the

Standard find that the Equitable people were really doing business than

they appealed to the railroads. A meeting of the representatives of the

trunk lines was held at Saratoga in July, and the rates on crude

Eastward were dropped to eighty cents to meet the new competition.

While this fight was going on against the Equitable all sorts of

interference were being put in the way of the seaboard line between

Brady’s Bend and Baltimore. It was ridiculed as chimerical to attempt to

pump oil over the mountains, and General Haupt was declared to be a

visionary engineer with a record of failures. All the old stories

retailed in 1876 were dragged out again. The farmers were told that the

leakage from the pipe-line would ruin their fields and endanger their

buildings, and an active campaign to excite prejudice was carried on

again in the farmers’ papers. Philadelphia and Pittsburg both fought the

plan, the press and chambers of commerce opposing the free pipe bill at

that time before the Legislature, and the project generally. In

Pittsburg the opposition created almost a riot, for the oil producers of

the Lower Field, who had long bought their supplies there, now

threatened to boycott the city if the pipe-line was fought. So strong

was the opposition that capital took fright and the company found it

most difficult to secure funds. This opposition to the pipe-line was, of

course, charged against the Standard and the Pennsylvania Railroad.

Now, while the railroads were refusing cars to independent shippers,—or

if they gave an order for them, the United Pipe Lines were refusing to

load them,—while the Standard and the railroads were doing their utmost

to prevent the Equitable Line doing business, and were discouraging in

every way the seaboard pipe-line—new routes which would take care of a

proportion, at least, of the oil which they claimed they could not

handle—thousands of barrels of oil were running on the ground in

Bradford, and two of the independent refineries of New York shut down

entirely in order that a third of their number might get oil enough to

fill an order.

This interference with the outside interests, thus preventing the small

degree of relief which they would have afforded, and a growing

conviction that the Standard meant to keep up the “immediate shipment”

order, at least until it had built the pipes and tanks needed in the

Bradford field, finally aroused the region to a point where riot was

imminent. The long line of producers who filed into the United Pipe

Lines’ office day after day to sell their oil at whatever prices they

could get for it, and who, having put in an offer which varied according

to their necessities, were usually told to come back in ten days, and

the buyer would see whether he wanted it or not—this long line of men

began to talk of revolution. Crowds gathered about the offices of the

Standard threatening and jeering. Mysterious things, cross-bones and

death-heads, were found plentifully sprinkled on the buildings owned by

the Standard interests. More than once the slumber of the oil towns was

disturbed by marching bodies of men. It was certain that a species of

Kuklux had hold of the Bradford region, and that a very little spark was

needed to touch off the United Pipe Lines. In the meantime things were

scarcely less exciting in the Lower Fields. The “immediate shipment”

order was looked upon there as particularly outrageous, because there

was no lack of lines or tanks in that field, and when, in the summer of

1878, there was added to this cause an unjustifiable scarcity of cars,

excitement rose to fever heat.

The only thing which prevented a riot at this time and great destruction

of property, if not of life, was the strong hand the Petroleum

Producers’ Union had on the country. Fearing that if violence did occur

the different movements they had under way would be prejudiced, they

sent a committee of twenty-five men to Harrisburg to see Governor

Hartranft. They laid before him and the attorney-general of the state

the grievance of the oil producers in an “appeal” reviewing the history

of the industry.[71] They demanded that the United Pipe Lines be made to

perform its duty as a public carrier, and the railroads be made to cease

their discrimination against shippers both in the matter of rebates and

in furnishing cars. They called the Governor’s attention to the fact

that there were already existing laws touching these matters which, in

their judgment, met the case, and if the existing laws did not give them

relief, that it was the plain duty of the executive to call a meeting of

the Legislature and pass such acts as would do so. Governor Hartranft

was much stirred by the story of the producers. He went himself to the

Oil Regions to see the situation, and in August directed the producers

to put their demands into the form of an appeal. This was done, and it

was decided to bring proceedings by writ of _quo warranto_ against the

United Pipe Lines, and by separate bills in equity against the

Pennsylvania Railroad and the other lines doing business in the state.

It was September before the state authorities began their investigation

of the United Pipe Lines, the hearings being held in Titusville. Many

witnesses summoned failed to appear, but enough testimony was brought

out in this investigation to show that the railroads had refused to

furnish cars for independents when they had them empty, and that the

United Pipe Lines had clearly violated its duty as a common carrier. In

his report on this investigation the secretary of internal affairs,

William McCandless, rendered a verdict that the charges of the oil

producers had not been substantiated in any way that demanded action.

The indignation which followed this report was intense. It found a vent

in the hanging in effigy of McCandless, who was universally known in the

state as “Buck.” In the oil exchange at Parker, on the morning of

October 19, the figure of a man was found hanged by the neck to a

gallows, and the producers left it hanging there all day, so that they

might jeer and curse it. Across the forehead of the effigy in large

blood-red letters were the words:

...........................

. .

. PENNSYLVANIA RAILROAD .

. .

...........................

Pinned to the gallows there was a card bearing a quotation from

Secretary McCandless’s report:

.....................................................

. .

. The charges of the oil producers have not been .

. substantiated in any way that demands action. .

. .

.....................................................

In Bradford a huge effigy hung in the streets all day, and in the

village of Tarport, near by, another swayed on the gallows. They pulled

down the effigy at Bradford, and drew from a pocket what purported to be

a check signed by John D. Rockefeller, president of the Standard Oil

Company, in favour of “Buck” McCandless, for $20,000, and endorsed by

the Pennsylvania Railroad Company. That represented the price, they

said, that McCandless got for signing the report. Throughout the oil

country there was hardly an oil producer to be found not associated with

the Standard Oil Company who did not believe that McCandless had sold

himself and his office to the Standard Oil Combination for $20,000, and

used the money to help in his Congressional canvass.

The excitement in the Oil Regions spread all over the country. Something

of the importance the press attached to it may be judged from the way

the New York Sun handled the question. For six weeks it kept one of the

ablest members of its staff in the Oil Regions. Six columns of the first

page of the issue for November 13 was taken up with the story of the

excitement, coupled with the full account of the South Improvement

Company, and the development of the Standard Oil Company out of that

concern. On November 23 the first page contained four columns more under

blazing headings.

Early in 1879 the hearing in the suits in equity brought by the

commonwealth against the various transportation companies of which the

producers had been complaining were begun. The witnesses subpœnaed

failed at first to appear, and when on the stand they frequently refused

to reply; but it soon became apparent to them that the state authorities

were in earnest, and that they must “answer or go to Europe.” By March,

1879, an important array of testimony had been brought out. Among the

Standard men who had appeared had been John D. Archbold, William Frew,

Charles Lockhart and J. J. Vandergrift. A score or more of producers

also appeared. The most important witness from the railroad circles,

and, indeed, the most important witness who appeared, was A. J. Cassatt.

Mr. Cassatt’s testimony was startling in its candour and its

completeness, and substantiated in every particular what the oil men had

been claiming: that the Pennsylvania Railroad had become the creature of

the Standard Oil Company; that it was not only giving that company rates

much lower than to any other organisation, but that it was using its

facilities with a direct view of preventing any outside refiner or

dealer in oil from carrying on an independent business.[72]

The same or similar conditions, not only in oil, but in other products,

which led to these suits, led to investigations in other states. Toward

the end of 1878 the Chamber of Commerce of New York City demanded from

the Legislature of the state an investigation of the New York railroads.

This investigation was carried on from the beginning of 1879. The

revelations were amazing. Before the Hepburn Commission, as it was

called from the name of the chairman, was through with its work there

had appeared before it to give testimony in regard to the conduct of the

Standard Oil Company and of the relation of the Erie and the Central

roads to it, H. H. Rogers, J. D. Archbold, Jabez A. Bostwick and W. T.

Sheide. A large number of independent oil men had also appeared. William

H. Vanderbilt had been examined, and G. H. Blanchard, the freight agent

of the Erie road, had given a full account of the relation of the Erie

to the Standard, perhaps the most useful piece of testimony, after that

of Mr. Cassatt, belonging to this period of the Standard’s history.[73]

At the same time that the Pennsylvania suits were going on, and the

Hepburn Commission was doing its work, the Legislature of Ohio

instituted an investigation. It was commonly charged that this

investigation was smothered, but it was not smothered until H. M.

Flagler had appeared before it and given some most interesting facts

concerning rebates. A number of gentlemen who were finding it hard to do

oil business also appeared before the Ohio committee and told their

stories.[74] By April, 1879, there had been brought out in these various

investigations a mass of testimony sufficient in the judgment of certain

of the producers to establish the truth of a charge which they had long

been making, and that was that the Standard was simply a revival of the

South Improvement Company. Now the verdict of the Congressional

Committee had been that the South Improvement Company was a conspiracy.

Therefore, said the producers, the Standard Oil Company is a conspiracy.

Their hope had been, from the first, to obtain proof to establish this

charge. Having this they believed they could obtain judgment from the

courts against the officials of the company, and either break it up or

put its members in the penitentiary. The more hotheaded of the producers

believed that they now had this evidence.

If one will examine the testimony which had been given thus far in the

course of the various examinations one will see that there was reason

for their belief. In the first place, it had been established that all

the stockholders of the South Improvement Company, excepting four, were

now members of the Standard Oil Combination. Indeed, the only persons

holding high positions in the new combination at this date who were not

South Improvement Company men were, Charles Pratt, J. J. Vandergrift, H.

H. Rogers and John D. Archbold.

The South Improvement Company had been a secret organisation. So was the

new Standard alliance; that is, the most strenuous efforts had been made

to keep it secret; for instance, the sale of the works of Lockhart,

Warden and Pratt to the Standard was kept from the public. Indeed, it

was a year after these sales before even the Erie Railroad knew that Mr.

Rockefeller had any affiliations besides those with Pratt and Company,

and it made its contracts with him on this assumption. When purchases of

refineries were made it was the custom to continue the business under

the name of the original concern; thus, when Mrs. B., of Cleveland, sold

in 1878, as recounted in the last chapter, the persons selling were

obliged to keep the sale secret even from the employees of the concern.

“The understanding was with regard to the sale of the property to the

Standard Oil Company,” said the shipping clerk in his affidavit, “that

it should not be known outside of their own parties, that it was to be

kept a profound secret, and that the business was to be carried on as if

the B—— Oil Company was still a competitor.” The secret rites with which

the contract was made in 1876 between Mr. Rockefeller and Scofield,

Shurmer and Teagle have already been described.

To keep the relations of the various Standard concerns secret Mr.

Rockefeller went so far, in 1880, as to make an affidavit like the

following: “It is not true, as stated by Mr. Teagle in his affidavit,

that the Standard Oil Company, directly or indirectly through its

officers or agents, owns or controls the works of Warden, Frew and

Company, Lockhart, Frew and Company, J. A. Bostwick and Company, C.

Pratt and Company, Acme Refining Company, Imperial Refining Company,

Camden Consolidated Company, and the Devoe Manufacturing Company; nor is

it true that the Standard Oil Company, directly or indirectly through

its officers or agents, owns or controls the refinery at Hunter’s Point,

New York. It is not true that the Standard Oil Company, directly or

indirectly through its officers or agents, purchased or acquired the

Empire Transportation Company, or furnished the money therefor; nor is

it true that the Standard Oil Company inaugurated or began or induced

any other person or corporation to inaugurate or begin a war upon the

Pennsylvania Railroad Company or the Empire Transportation Company, as

stated in the affidavit of Mr. Teagle.”[75]

There may be a technical explanation of this affidavit, although the

writer knows of none. There is certainly abundant testimony in existence

that the works of Messrs. Pratt, Lockhart and Warden, at least, had been

bought long before this affidavit was made, and paid for in Standard Oil

Company stock, and that they were working in alliance with that company.

It was shown in the last chapter that on October 17, 1877, the Standard

Oil Company paid $2,500,000 in certified checks on the purchasing price

of the plant of the Empire Transportation Company.

While none of the other members of the Standard Oil Company examined in

1879 was quite so sweeping in his denials, all of them evaded direct

answers. The reason they gave for this evasion was that the

investigations were an interference with their rights as private

citizens, and that the government had no business to inquire into their

methods. Consequently when asked questions they refused to answer “by

advice of counsel.” Ultimately the gentlemen did answer a great many

questions. But taking the testimony all in all through these years it

certainly is a mild characterisation to say that it totally lacks in

frankness. The testimony of the Standard officials before the Hepburn

Commission was so evasive that the committee in making its report spoke

bitterly of the company as “a mysterious organisation whose business and

transactions are of such a character that its members decline giving a

history or description of it lest this testimony be used to convict them

of a crime.” The producers certainly were right in claiming that secrecy

was a characteristic of the Standard as it had been of the South

Improvement Company.

The new Standard Combination, like the South Improvement Company, aimed

at controlling the entire refining interest. “The coal-oil business

belongs to us,” Mr. Rockefeller once told a recalcitrant refiner. His

associates were saying the same on all sides; “the object of the

Standard Oil Company is to secure the entire refining business of the

world,” a member of the concern told B. F. Nye, an Ohio producer.[76]

The method the Standard depended upon to secure this control was the

same as the method of the South Improvement Company—special privileges

in transportation. We have seen how intelligently and persistently Mr.

Rockefeller worked to secure these special privileges until, in 1877, he

had made with all the trunk lines contracts which in every particular

paralleled the contracts which in January, 1872, Messrs. Scott, Gould,

Vanderbilt and McClellan made with the South Improvement Company. He now

had a rebate on every barrel of oil he shipped, and this was given with

the understanding that the railroad should allow no rebate to any other

shipper unless that shipper could guarantee and furnish a quantity of

oil for shipment which would, after deduction of his commission, realise

to the road the same amount of profit realised from the Standard trade.

He also had a drawback on every barrel his rivals shipped. No clause in

the South Improvement Company’s contract with railroads had given more

offence to the oil world than that which called for a drawback to the

company on the oil shipped by outsiders. It will be remembered that the

beneficiaries of this contract were to receive drawbacks of $1.06 a

barrel on all crude oil that outside parties shipped from the Oil

Regions to New York, and a proportionate drawback on that shipped from

other points. The rebate system was considered illegal and unjust, but

men were more or less accustomed to it. The drawback on other people’s

shipment was a new device, and it threw the Oil Region into a frenzy of

rage. It did not seem possible that the Standard would attempt to revive

this practice again, and yet when it had got its hand strongly on the

four trunk lines it made a demand for the drawback. It has already been

recounted how, on February 15, 1878, four months after the Pennsylvania

succumbed to the Standard’s demand, Mr. O’Day wrote to Mr. Cassatt: “I

here repeat what I once stated to you, and which I wish you to receive

and treat as strictly confidential, that we have been for many months

receiving from the New York Central and Erie Railroads certain sums of

money, in no instance less than twenty cents per barrel on _every barrel

of crude oil carried by each of these roads_.... Co-operating as we are

doing with the Standard Oil Company and the trunk lines in every effort

to secure for the railroads paying rates of freight on the oil they

carry, I am constrained to say to you that in justice to the interests I

represent we should receive from your company at least twenty cents on

each barrel of crude oil you transport.” And Mr. Cassatt after seeing

the freight bills showing that both the Central and Erie allowed a

drawback gave orders that the Pennsylvania pay one of 22½ cents. When

Mr. Cassatt was under examination in 1874 the examiner remarked:

“I understand, Mr. Cassatt, that this 22½ cents paid to the American

Transfer Company is not restricted to all oil that passed through their

lines.”

“No, sir; it is paid on all oil received and transferred by us.”

Among the interesting documents presented at this inquiry was a

statement of the crude oil shipments over the Pennsylvania road for

February and March, 1878.[77] They footed up to a total of 343,767½

barrels. On this amount a discount of twenty cents a barrel was allowed

to the Standard Oil Company through its agent, the American Transfer

Company. Among other independents who shipped this oil was H. C. Ohlen.

In all, Mr. Ohlen shipped 29,876 barrels, and on this the Standard Oil

Company received twenty cents a barrel! That is, after Mr. Ohlen had

paid for his oil, paid for having it carried by the pipe-line to the

railroad, and paid the railroad the full rate of freight without the

commission the Standard received, the Pennsylvania was obliged to turn

over to the Standard Oil Company twenty cents of the amount he had paid

on each barrel!

The examiner tried very hard to find out if there was a legitimate

reason why such an allowance should have been made to the American

Transfer Company on oil it did not handle. “We pay that,” Mr. Cassatt

said, “as a commission to them to aid in securing us our share of

trade.” “We pay it,” said the comptroller, “for procuring oil to go over

the lines in which the Pennsylvania Railroad Company is interested as

against the New York lines and the New York Central.”

“Do you understand,” the examiner questioned of one of the auditors,

“that the American Transfer Company secured to the Pennsylvania road the

traffic of the outside refiners of New York (mentioned in the statement

quoted above)?” “I never raised a question of that kind in my mind,”

answered the adroit auditor.

But the answer was evident. The American Transfer Company had nothing

whatever to do with the oil shipped by Mr. Ohlen or Ayres, Lombard and

Company or J. Rousseaux or any one of the other independents mentioned

in the statement, unless perchance that oil had come originally from the

lines of the American Transfer Company. In that case the shipper had

paid the line for the service rendered, at the time he bought the

oil—the custom then and now. The tax was paid by the Pennsylvania solely

because the Standard Oil Company had the power to demand it. The demand

was made in the name of the American Transfer Company as a blind.

Naturally the proof that the Standard had revived the most obnoxious

feature of the South Improvement Company aroused intense bitterness and

disgust among the oil men.

Another offensive clause of the 1872 contracts was that pledging the

railroads to lower or raise the gross rates of transportation for such

times and to such extent as might be necessary to overcome competition.

Now, the new contracts of the Standard provided the same arrangement;

that is, they stipulated that the rates were to be lowered if necessary

so as to place the Standard on a parity with shippers by competing

lines. The workings of the clause were illustrated when the producers

got the Equitable Line through in 1878, the railroads dropping their

charge to eighty cents a barrel, and in some cases even less. The

producers certainly had evidence enough for their claim that the

contracts of the South Improvement Company and the Standard Oil Company

with the railroads were similar in every particular as far as principles

were concerned—that they differed alone in the amounts of the rebates

and drawbacks.

There was plenty of evidence brought out, also, to show that the object

of the Standard operations was like that of the South Improvement

Company—keeping up the price of refined oil. Both combinations were

formed to keep the refined article scarce on the market by controlling

all the refineries and by refusing to sell under competition. The

officials of the South Improvement Company stated under oath that they

hoped to raise the price fifty per cent. The Central Organisation hoped

to put up the price of refined from fifteen to twenty-five cents. As a

matter of fact that organisation when it finally got control of the

market put up the price considerably more. The spectacular demonstration

in the winter of 1876 and 1877 of what could be done in keeping up the

price of refined was still rankling in the minds of the oil men. They

saw that it was by that coup that the Standard had gotten the ready

money to pay for the plant of the Empire Transportation Company—the

money to buy in whatever it wanted—the money to pay the fifty per cent.

dividend to which one of its members testified in the Ohio

Investigation. They remembered that while the refiners had been selling

refined around thirty cents a gallon they had sold crude at less than

four dollars a barrel. Little wonder then that they felt they had

evidence that the Standard had actually done what they had always

claimed it would do if it got hold of the refining interests as it

planned. Even in the case where certain large producers had entered into

a partnership with the Standard on condition that they pay them prices

for crude commensurate with the price of refined, these producers

claimed the agreement had not been kept. One of these cases came to

light in a suit instituted in 1878. It seems that some time in December,

1874, the large oil company of H. L. Taylor and Company sold one-half

interest in its property to the Standard Oil Company. The reason for the

sale the plaintiffs stated in their complaint to be as follows:

The extent of their (the Standard’s) business and control over

pipe-lines and refineries had enabled them to procure, and they had

procured from the railways, more favourable terms for transportation

than others could obtain. These advantages and facilities placed it

within their power to obtain, and they did obtain, far better and

more uniform prices for petroleum than could be obtained by the

plaintiffs. The said organisation and firms, by virtue of their

monopoly of the business of refining and transportation of oil, had

been at times almost the only buyers in the market, and at such

times had been enabled to dictate and establish a price for crude

oil far below its actual value, as determined by prices of refined

oil at same dates, and they thus obtained a large share of the

profits which should have fallen to the plaintiffs and other

purchasers. The sale was made, and in consideration of the foregoing

premises, and upon the promise and agreement on the part of the

defendants that the partnership thus formed should have the benefit

of the advantage and facilities of the said defendants, and the

organisations and firms managed and controlled by defendants, in

marketing its oil; that the firm should have to the extent of its

production the advantage of the sales of refined by the defendants

or said Standard Oil Company, either for present or future delivery,

so that there should be at no time any margin or difference between

the ruling price of refined oil, and the price which defendants

would pay the partnership for the crude by it produced, beyond the

necessary cost of refining. This thing formed the inducement and the

larger part of the consideration for the sale of said property to

defendants. The amount actually received for said interest was far

beneath its actual value, and without the agreement on the part of

the defendants to pay to the partnership for its product prices at

all times commensurate with the prices of refined oil, they would

not have sold the said interest nor entered into said partnership.

* * * * *

The defendants, although requested to do so, have not only failed,

neglected, and refused to comply with this agreement, but have, by

false and erroneous statements, misled the plaintiffs, and induced

them to consent to the sale to them and to the Standard Oil Company

of large quantities of crude petroleum, produced by the partnership

at prices far below its actual value, to the great loss and damage

of the orators. That on or about December 16, 1876, refined was

selling at a price equivalent to seven dollars for crude oil, at

which time plaintiffs called upon defendants for a compliance with

their agreement, and asked that they take or purchase 210,000

barrels of the production of the partnership at a price commensurate

with the price of refined at the time. This, defendants neglected

and refused to do, and the partnership was forced to sell the same

at prices varying from three to four dollars, making a loss to the

partnership upon this one transaction of from $600,000 to

$1,000,000, for which said defendants neglect and refuse to account.

* * * * *

That the said defendants for themselves, and for the said Standard

Oil Company, and other organisations and firms aforesaid, have since

the formation of the partnership received from the railways a rebate

or drawback in the shape of wheelage, or otherwise, at times as high

as one dollar per barrel upon all oil shipped by them to the

seaboard. That instead of using these advantages which they possess

for the benefit and profit of the partnership, as they covenanted to

do, they have used them against its interest by restraining trade,

preventing competition, and forcing plaintiffs to accept any price

which defendants, the said Standard Oil Company, or the other

organisations aforesaid, might offer for their production. That the

amount of oil produced and sold by the partnership for the three

years beginning with the date of its formation, and ending December

1, 1877, was 2,657,830 barrels. That the profits of defendants upon

oil refined by them during said period, taking into consideration

the rebates and drawbacks received from the railways, have averaged

at least one dollar per barrel over and above the cost of refining,

and at times as high as four and five dollars. That these profits,

under the partnership agreement that no margin should exist between

crude and refined prices, should to the extent of the production of

the partnership have been paid by defendants to the partnership.

That the amount lost by the partnership and realised by the

defendants, by reason of the failure and refusal of said defendants

to comply with their agreement, is not less than $2,500,000, for

one-half of which defendants should account to your orators, but

which they neglect and refuse to do.

Naturally enough the producers now pointed out that the case of the H.

L. Taylor Company was a demonstration of what they had claimed in 1872,

when the South Improvement Company, alarmed at the uprising, offered

them a contract, and what they had always claimed since when the

Standard offered contracts for oil on a sliding scale, viz., that such

contracts were never meant to be kept; that they were a blind to enable

the Standard to make scoops such as they had made in the winter of 1876

and 1877.

Taking all these points into consideration—

First—That the Standard Oil Company, like the South Improvement Company,

was a secret organisation;

Second—That both companies were composed in the main of the same

parties;

Third—That it aimed, like its predecessors, at getting entire control of

the refining interest;

Fourth—That it used the power the combination gave it to get rebates on

its own oil shipments and drawbacks on the shipments of other people;

Fifth—That it arranged contracts which compelled the railroads to run

out all competition by lowering their rates.

Sixth—That it aimed to put up the price of refined without allowing the

producer a share of the profits—

Taking all these points into consideration, many of the producers,

including the president of the Petroleum Producers’ Union, B. B.

Campbell, and certain members of his Council, came to the conclusion

that as they had sufficient evidence against the members of the Standard

Combination to insure conviction for criminal conspiracy, they should

proceed against them. Strenuous opposition to the proceedings, as hasty

and ill-advised, developed in the Council and the Legal Committee, but

the majority decided that the prosecution should be instituted. Mr.

Scott and Mr. Cassatt were omitted from the proposed indictment on the

ground that they were already weary of the Standard, and would cease

their illegal practices gladly if they could.

On the 29th day of April, 1879, the Grand Jury of the County of Clarion

found an indictment against John D. Rockefeller, William Rockefeller,

Jabez A. Bostwick, Daniel O’Day, William G. Warden, Charles Lockhart,

Henry M. Flagler, Jacob J. Vandergrift and George W. Girty. (Girty was

the cashier of the Standard Oil Company.) There were eight counts in the

indictment, and charged, in brief, a conspiracy for the purpose of

securing a monopoly of the business of buying and selling crude

petroleum, and to prevent others than themselves from buying and selling

and making a legitimate profit thereby; a combination to oppress and

injure those engaged in producing petroleum; a conspiracy to prevent

others than themselves from engaging in the business of refining

petroleum, and to secure a monopoly of that business for themselves; a

combination to injure the carrying trade of the Allegheny Valley and

Pennsylvania Railroad Companies by preventing them from receiving the

natural petroleum traffic; to divert the traffic naturally belonging to

the Pennsylvania carriers to those of other states by unlawful means;

and to extort from railroad companies unreasonable rebates and

commissions, and by fraudulent means and devices to control the market

prices of crude and refined petroleum and acquire unlawful gains

thereby.[78]

Four of the persons mentioned in the indictment—Messrs. O’Day, Warden,

Lockhart and Vandergrift—all citizens of Pennsylvania, gave bail, and

early in June application was made to Governor Hoyt of Pennsylvania to

issue a requisition before the Governor of New York for the extradition

of the other five gentlemen.

With damaging testimony piling up day by day in three states, and with

an indictment for conspiracy hanging over the heads of himself and eight

of his associates, matters looked gloomy for John D. Rockefeller in the

spring of 1879. “The good of the oil business” certainly seemed in

danger.

CHAPTER EIGHT

THE COMPROMISE OF 1880

THE PRODUCERS’ SUIT AGAINST ROCKEFELLER AND HIS ASSOCIATES USED BY THE

STANDARD TO PROTECT ITSELF—SUITS AGAINST THE TRANSPORTATION

COMPANIES ARE DELAYED—TRIAL OF ROCKEFELLER AND HIS ASSOCIATES FOR

CONSPIRACY POSTPONED—ALL OF THE SUITS WITHDRAWN IN RETURN FOR

AGREEMENTS OF THE STANDARD AND THE PENNSYLVANIA TO CEASE THEIR

PRACTICES AGAINST THE PRODUCERS—WITH THIS COMPROMISE THE SECOND

PETROLEUM PRODUCERS’ UNION COMES TO AN END—PRODUCERS THEMSELVES TO

BLAME FOR NOT STANDING BEHIND THEIR LEADERS—STANDARD AGAIN ENFORCES

ORDERS OBJECTIONABLE TO PRODUCERS—MORE OUTBREAKS IN THE OIL

REGIONS—ROCKEFELLER HAVING SILENCED ORGANISED OPPOSITION PROCEEDS TO

SILENCE INDIVIDUAL COMPLAINT.

No doubt the indictment of Mr. Rockefeller in the spring of 1879 seemed

to him the work of malice and spite. By seven years of persistent effort

he had worked out a well-conceived plan for controlling the oil business

of the United States. Another year and he had reason to believe that the

remnant of refiners who still rebelled against his intentions would

either be convinced or dead and he could rule unimpeded. But here at the

very threshold of empire a certain group of people—“people with a

private grievance,” “mossbacks naturally left in the lurch by the

progress of this rapidly developing trade,” his colleagues described

them to the Hepburn Commission—stood in his way. “You have taken

deliberate advantage of the iniquitous practices of the railroads to

build up a monopoly,” they told him. “We combined to overthrow those

practices so far as the oil business was concerned. You not only refused

to support us in this contention, you persuaded or forced the railroads

to make you the only recipient of their illegal favours; more than that,

you developed the unjust practices, forcing them into forms unheard of

before. Not only have you secured rebates of extraordinary value on all

your own shipments, you have persuaded the railroads to give you a

commission on the oil that other people ship. You are guilty of plotting

against the prosperity of an industry.” And they indicted him with eight

of his colleagues for conspiracy.

The evidence on which the oil men based this serious charge has already

been analysed. At the moment they brought their suit for conspiracy what

was their situation? They had several months before driven the

commonwealth of Pennsylvania to bring suits against four railroads

operating within its borders and against the Standard pipe-lines for

infringing their duties as common carriers. Partial testimony had been

taken in the case against the Pennsylvania road and in that against the

United Pipe Lines. These suits, though far from finished, had given the

Producers’ Union the bulk of the proof on which they had secured the

indictment of the Standard officials for conspiracy. Now, since the

railroads and the pipe-lines were the guilty ones—that is, as it was

they who had granted the illegal favours, and as they were the only ones

that could surely be convicted, it seems clear that the only wise course

for the producers would have been to prosecute energetically and

exclusively these first suits. But evident as the necessity for such

persistency was, and just after Mr. Cassatt had startled the public and

given the Union material with which it certainly in time could have

compelled the commonwealth to a complete investigation, the producers

interrupted their work by bringing their spectacular suit for

conspiracy—a suit which perhaps might have been properly instituted

after the others had been completed, but which, introduced now,

completely changed the situation, for it gave the witnesses from whom

they were most anxious to hear a loophole for escape.

For instance, the officials of the Standard pipe-lines had been

instructed to appear on the 14th of May, 1879, to answer questions which

earlier in the trial they had refused to answer “on advice of counsel.”

Now the president of the United Pipe Lines, J. J. Vandergrift, and the

general manager, Daniel O’Day, were both included in the indictment for

conspiracy. The evening before the interrogatory the producers’ counsel

received a telegram from the attorney-general of the state, announcing

that the pipe-line people were complaining that the testimony which they

would be called on to give on the morrow would be used against them in

the conspiracy trial—as it undoubtedly would have been—and that he

thought it only fair that their hearing be postponed until after that

suit. And so the defendants gained time—the chief desideratum of

defendants who do not wish to fight.

Soon after, the conspiracy case was again used to excellent advantage by

the Standard people in the investigation which was being conducted in

New York before the Hepburn Commission. Mr. Bostwick, the Standard Oil

buyer, whose order to buy immediate shipment oil only at a discount had

been one of the oil men’s chief grievances for a year and a half, was

summoned as a witness; but Mr. Bostwick too was under indictment for

conspiracy, and when the examiners began to put questions to him which

the producers were eager to have answered, he asked: “How can I, a man

soon to be tried for conspiracy, be expected to answer these questions?

I shall incriminate myself.” He was sustained in his plea, and about all

the Hepburn Commission got out of him was, “I refuse to answer, lest I

incriminate myself.” This, then, was the first fruit of the producers’

hasty and vindictive suit. It had shut the mouths of the important

Standard witnesses.

Discouraging as this discovery was, however, there was no reason why the

suits against the railroads should not have been pushed through, and the

testimony the officials unquestionably could be made to give, now that

Mr. Cassatt had set the pace, have been obtained. But the Producers’

Union had lost sight for the moment of the fact that the fundamental

difficulty in the trouble was the illegal discrimination of the common

carriers. The Union was so much more eager to punish Mr. Rockefeller

than it was to punish the railroads, that in bringing the suit for

conspiracy it was even guilty of leniency toward the officials of the

Pennsylvania. Certainly, if there was to be an indictment for

conspiracy, all the supposed conspirators should have been included. It

was by discriminations clearly contrary to the constitution of the state

that the Pennsylvania Railroad had made it possible for Mr. Rockefeller

to achieve his monopoly in Pennsylvania. The Union had proof of these

rebates, but they let off Mr. Scott and Mr. Cassatt because “they

professed the greatest desire to get rid of Standard domination, and

were loudly asserting that they had been victimised and compelled at

times to carry oil freights at less than cost.”[79] Evidently the fate

of the settlement the oil men had made seven years before with Mr. Scott

and the presidents of the other oil-bearing roads had been forgotten.

Naturally enough the railroads took advantage of these signs of leniency

on the part of the producers, and brought all their enormous influence

to bear on the state authorities to delay hearings and bring about a

settlement. The Pennsylvania secured delays up to December, 1879, and

then the Governor ordered the attorney-general to stop proceedings

against the road until the testimony had been taken in the other four

cases; that is, in the cases against (1) the United Pipe Lines; (2) the

Lake Shore and Michigan Southern; (3) the Dunkirk, Allegheny and

Pittsburg, and (4) the Atlantic and Great Western. It was a heavy blow

to the Union, for at the moment its hands were tied by the conspiracy

case, as far as the United Pipe Lines were concerned, and the three

railroads were foreign corporations, only having branches in

Pennsylvania, and accordingly very difficult to reach. The testimony

could have been obtained, however, if the Union had been undivided in

its interests. It would have been done, of course, if the state

authorities had been willing to do what was their obvious duty. But the

state authorities really asked nothing better than to escape further

prosecution of the railroads. The administration was Republican, the

Governor being Henry M. Hoyt. Mr. Hoyt had been elected in the fall of

1878 and so had inherited the suits from Governor Hartranft. He was

pledged, however, to see them through, for before the election the

Producers’ Union had sent him the following letter:

“TITUSVILLE, October 23, 1878.

“HENRY M. HOYT:

_Sir_—During the past few months, the Association of Producers of

Petroleum, long oppressed in their immediate business and kindred

industries by the persistent disregard of law by certain great

corporations exercising their powers within the state of

Pennsylvania, and daily subjected to incalculable loss by a powerful

and corrupt combination of these corporations and individuals, have

appealed to the executive, legislative and judiciary branches of the

government for relief and protection.

The questions which they raise for the consideration of the

authorities and the people affect not only themselves but the whole

public, not only the particular calling in which they are engaged,

but nearly all kinds of business in the commonwealth and the nation.

The Legislature has not responded to the demands made that the

provisions of the constitution shall be speedily enforced by

appropriate legislation.

The present executive has caused proceedings to be instituted in the

courts looking to relief, if it can be had by process of law, and

these are still pending, while others may be begun.

In view of the grave duties which will devolve upon you, should you

be chosen to the high office to which you aspire, on behalf of the

Petroleum Producers’ Association I ask from you a definite

expression of your views upon the following subjects:

First—Will you, if elected, recommend to the Legislature the passage

of laws to carry into effect the third and twelfth sections of the

sixteenth, and the third, seventh and twelfth sections of the

seventeenth articles of the constitution of Pennsylvania?

Second—If such laws should be passed as referred to in the preceding

question, will you, as Governor, approve them, if constitutional?

Third—Will you, as Governor, recommend and approve such other

remedial legislation as may be required to cure the evils set forth

in a memorial to Governor Hartranft of August 15, 1878?

Fourth—In the selection of the law officer of the state, will you,

if elected, secure the services of one who will prosecute with

vigour all proceedings already commenced or that may be instituted,

having in view the subjection of corporations to the laws of the

land?

Very respectfully,

A. N. PERRIN,

_Chairman Committee_.”

Governor Hoyt’s answers were eminently satisfactory:

“There were provisions in the constitution,” he wrote, “intended to

compel the railroads and canal companies of the state to the

performance of their duties as common carriers with fairness and

equality, without discrimination, to all persons doing business over

their lines. This policy is just and right.

“If called to a position requiring official action, I would

recommend and approve any legislation necessary and appropriate to

carry into effect the sections of the constitution referred to.

“It would be my duty, if elected, to see that no citizen, or class

of citizens even, were subjected to hardship or injustice in their

business, by illegal acts of corporations or others, where relief

lay within executive control. Any proper measures or legislation

which would effectually remedy the grievances set forth in the

memorial addressed to Governor Hartranft would receive my

recommendation and approval.

“It would be my duty, if elected, to select only such officers as

would enforce obedience to the constitution and laws, both by

corporations and individuals, without fear or favour, and all such

officers would be held by me to strict accountability for the full

and prompt discharge of all their official duties.”

Governor Hoyt had indeed begun the suits, all of the testimony in regard

to the Pennsylvania having been taken in his administration. This

testimony must have proved to him that the transgressions of the road

had been far more flagrant than anyone dreamed of—that they had amounted

simply to driving certain men out of business in order to build up the

business of certain other men. His evident duty, as his letter to the

producers shows clearly enough that he realised, was to push the suits

against the railroads even if the oil men entirely withdrew, but instead

of that it became evident in the spring that he was using every

opportunity to delay. Indeed, one reason the producers gave for bringing

the conspiracy suit was that it would give the state authorities a

scapegoat; that they would gladly act vigorously against the Standard if

they were let off from prosecuting the Pennsylvania. Governor Hoyt now

availed himself fully of the vacillation of the Union toward the

railroads, using it as an excuse for not prosecuting the railroad cases.

But if the producers were half-hearted toward the railroads they were

whole-hearted enough toward the Standard. In spite of the fact that they

had gotten in their own way, so to speak, by bringing their conspiracy

suit, they felt convinced that they had material enough to win it on,

and they sought the extradition of the non-residents who had been

indicted.

Early in June Governor Hoyt was called upon to issue a requisition for

the extradition of John D. Rockefeller, William Rockefeller, H. M.

Flagler, J. A. Bostwick, Daniel O’Day, Charles Pratt and G. W. Girty. A

full agreement was made before the state officials, but a decision was

deferred repeatedly. Finally, worn out with waiting, Mr. Campbell, in a

telegram to the Governor on July 29, threatened, if there was longer

delay, to make his request for extradition through the public press. The

answer from Harrisburg was that the attorney-general was sick and could

not attend to the matter. Mr. Campbell wired back that he was tired of

“addition, division, and silence,” and he sent out the following letter:

“FAIRFIELD, July 31, 1879.

“TO HIS EXCELLENCY HENRY M. HOYT,

Governor of the Commonwealth of Pennsylvania.

_Sir_—On behalf of the producers of oil, whom I represent as

president of their General Council, I most respectfully ask a

decision at your hands, of the requisition on the Governor of the

state of New York, for the surrender of the officers of the Standard

Oil Company, indicted by the Grand Jury of Clarion County, and now

believed to be within the limits of the state of New York.

The case was exhaustively argued before you, more than four weeks

ago, and the great oil interest which I have the honour to represent

has a right to a prompt decision on this vital question. If these

parties—who for their own profit and its ruin control Pennsylvania’s

most valuable product, and compel its greatest carrier to undertake

their warfare and to do their bidding at the sacrifice of its

innocent stockholders—can, under the plea of being ‘aliens,’ defy

the law of Pennsylvania and laugh at our impotent attempts to reach

them, the sooner it is known the better. It is possible that if we

are denied protection within the limits of our commonwealth, we may

obtain justice by appealing to the courts of a sister state, where

at least the defendants will be obliged to admit that they are

residents.

Your obedient servant,

B. B. CAMPBELL,

_President of Producers’ Council_.”

The Governor remained obdurate, nor was the request ever granted. In a

message sent out in January, 1881, Governor Hoyt gave a review of the

case—as he was compelled to do, so great was the popular criticism of

his course in not pushing the suits and in refusing the request for

extradition—in which he attributed his refusal to the negotiations begun

between the railroads and the Producers’ Union.

“The details of these negotiations, of course, need not, and did

not, reach the office of the executive department,” he said. “As a

part of them, however, requests were presented in the interest of

the petitioners (the Producers’ Union) to the Governor, not to issue

the requisition, followed again by requests that they be allowed to

go out. Finding that the highest process of the commonwealth was

being used simply as leverage for and against the parties to these

negotiations between contending litigants, and that, however entire

and perfect might have been the good faith in which the criminal

proceedings in Clarion County had been commenced, they were being

regarded and treated as a mere make-weight in the stages of private

diplomacy, I deemed it my duty, in the exercise of a sound

discretion, to suspend action on the requisitions.”

[Illustration:

E. G. PATTERSON

From 1872 to 1880 the chief advocate in the Oil Region of an

interstate commerce law. Assisted in drafting the bills of 1876 and

1880. Abandoned the independent interests at the time of the

compromise of 1880.

]

[Illustration:

ROGER SHERMAN

Chief counsel of the Petroleum Producers’ Union from 1878 to 1880.

From 1880 to 1885 counsel for the Standard Oil Company. From 1885 to

his death in 1893 counsel of the allied independents.

]

[Illustration:

BENJ. B. CAMPBELL

President of the Petroleum Producers’ Union from 1878 to 1880.

Independent refiner and operator until his death.

]

[Illustration:

JOSIAH LOMBARD

Prominent independent refiner of N. Y. City, whose firm was the only

one to keep its contract with the Tidewater Pipe Line Company in

1880.

]

The writer has examined all the private correspondence which passed at

this time between the litigants, but finds no proof of Governor Hoyt’s

statement that the Union at one time ceased its demands for Mr.

Rockefeller’s extradition.

The conspiracy suit had been set for the August session of the Clarion

County court. When August came the Standard sought a continuance, and it

was granted. The delay did not in any way discourage the producers, and

when Mr. Rockefeller became convinced of this he tried conciliation.

“Come, let us reason together,” has always been a favourite proposition

of Mr. Rockefeller. He would rather persuade than coerce, rather silence

than fight. He had been making peace overtures ever since the suits

began. The first had been in the fall of 1878, soon after they were

instituted, when he sent the following letter to Captain Vandergrift:

“CAPTAIN J. J. VANDERGRIFT:

_My dear Sir_—We are now prepared to enter into a contract to refine

all the petroleum that can be sold in the markets of the world at a

low price for refining. Prices of refined oil to be made by a joint

committee of producers and refiners, and the profits to be

determined by these; profits to be divided equitably between both

parties. This joint interest to have the lowest net rates obtainable

from railroads. If your judgment approves, you may consult some of

the producers upon this question. This would probably require the

United Pipe Lines to make contracts and act as a clearing house for

both parties.

Very respectfully yours,

J. D. ROCKEFELLER.”

Captain Vandergrift handed the letter to the executive committee of the

Producers’ Union. It was returned to him without a reply. The producers

had tried an arrangement of this kind with Mr. Rockefeller’s National

Refiners’ Association in the winter of 1872 and 1873, and it had failed.

The refiners had thrown up their contract when they found they could get

all the oil they wanted at a lower price than they had contracted to pay

the Producers’ Union, from men who had not gone into that organisation.

The oil country was familiar, too, with the case of the H. L. Taylor

Company, whose complaint against the Standard was referred to in the

last chapter. Contracts of that sort were never meant to be kept, they

declared. They were meant as “sops, opiates.” In November, 1878, after

the testimony which had been brought out by the suit against the United

Pipe Lines had been pretty well aired in the New York Sun and other

papers, and one or two private suits against the railroads were creating

a good deal of public discussion, an effort to secure a conference

between the representatives of the Union and the Standard officials was

made. The Union refused to go into it officially. A meeting was held,

however, in New York on November 29, at which several well-known oil men

were present. It was announced to the press in advance that it was to be

an important but secret meeting between the oil producers, refiners and

Standard men; that its object was to settle all grievances, and to

secure a withdrawal of the impending suits. As soon as the news of this

proposed meeting reached the Oil Regions, the officials of the Union

promptly denied their connection with it.

Although these early efforts to get a wedge into the Producers’ Union

and thus secure a staying of the suits had no results, the Standard was

not discouraged—it never is: there is no evidence in its history that it

knows what the word means. Not being able to handle the Union as a

whole, the Standard began working on individuals. By March, 1879, the

idea of a compromise had become particularly strong in Oil City. Indeed,

one of the several reasons advanced for bringing the conspiracy suits

was that such a proceeding would defeat the efforts the Oil City branch

were making to bring about a settlement with Mr. Rockefeller.

Accordingly, when it became apparent to Mr. Rockefeller in the fall of

1879 that the producers meant to fight through the conspiracy suit,

though they might dally over the others, he notified Roger Sherman,

counsel for the Union, that he wished to lay before him a proposition

looking to a settlement. The president, Mr. Campbell, was in favour of

receiving the proposition. “I have no idea they will present anything we

can accept,” he wrote Mr. Sherman. “Still it will furnish a first-rate

gauge to test how badly they are scared.” And the Standard was told that

the Union would consider what they had to offer. “But it is a serious

question—this of settlement,” replied Mr. Rockefeller. “Our trial is set

for October 28. We cannot get ready for that and prepare a proposition

too. Why not postpone the trial?” This was done—December 15 being set.

But no proposition was made to the producers for over six weeks—then

they were asked to meet the Standard men on November 29 in New York

City. Piqued at the delay, the producers informed the Standard that they

could no longer consider their proposition and that the trial would be

pushed.

But again the Standard secured delay—this time by petitioning that the

case be argued before the Supreme Court of the state. They declared that

such was the state of public feeling in Clarion County that they could

not obtain justice there. They charged the judges with bias and

prejudice, declared secret societies were working against them, and

called attention to the civil suits which were still hanging fire. Over

this petition serious trouble arose in court—there was a wrangle between

the judge and the Standard’s counsel. The newspapers took it up—the

whole state divided itself into camps, and the case was again postponed,

this time until the first of the year. Postponement obtained, compromise

was again proposed upon the basis of abandonment of all those methods of

doing business which the producers claimed injured them, and as a mark

of their sincerity the United Pipe Lines on December 24, 1879, issued an

order announcing the abandonment of immediate shipment throughout the

region. A meeting between the legal advisers of the two parties to

discuss the proposed terms was arranged for January 7, 1880, at the

Fifth Avenue Hotel in New York City—the very time to which the trial of

the case for conspiracy had been postponed. It was hardly to be expected

that when such negotiations were going on in New York the trial in

Clarion County would be pushed very briskly. It was not. There was a

hitch again, and for the fourth time proceedings were stayed. The

conferences, however, went on.

These negotiations with the Standard continued for a month, and then,

early in February, Mr. Campbell, the president of the Union, called a

meeting of the Grand Council for February 19, 1880, in Titusville,

Pennsylvania. For several weeks the Oil Regions had known that President

Campbell and Roger Sherman, the leading lawyer of the Union, were in

conference with the Standard officials. It was rumoured that they were

arranging a compromise, and it was suspected that the meeting now called

was to consider the terms. Naturally the proposition to be made was

looked for with suspicion and curiosity. The meeting was the largest the

Grand Council had held for many months. It was supposed to be secret,

like all gatherings of the Union, but before the first session was over,

the word spread over the Oil Regions that Mr. Campbell had brought to

the meeting contracts with both Mr. Rockefeller and Mr. Scott, and that

they were receiving harsh criticism from the Grand Council. The very

meagre accounts which exist of this gathering, historic in oil annals,

show that it was one of the most exciting which was ever held in the

country, and one can well believe this when one considers the bitter

pill the council was asked to swallow that day. Mr. Campbell began the

session by reporting that all the suits at which they had been labouring

for nearly two years had been withdrawn, and that in return for their

withdrawal the Standard and the Pennsylvania Railroad officials had

signed contracts to cease certain of the practices of which the

producers complained.

The Standard contract, which Mr. Campbell then presented, pledged Mr.

Rockefeller, and some sixteen associates, whose names were attached to

the document, to the following policy:

1. They would hereafter make no opposition to an entire abrogation of

the system of rebates, drawbacks and secret rates of freight in the

transportation of petroleum on the railroads.

2. They withdrew their opposition to secrecy in rate making—that is,

they promised that they would not hereafter receive any rebate or

drawback that the railroad company was not at liberty to make known and

to give to other shippers of petroleum.

3. They abandoned entirely the policy which they had been pursuing in

the management of the United Pipe Lines—that is, they promised that

there should be no discrimination whatever hereafter between their

patrons; that the rates should be reasonable and not advanced except on

thirty days’ notice; that they would make no difference between the

price of crude in different districts excepting such as might be

properly based upon the difference in the quality of the oil; that they

would receive, transport, store and deliver all oil tendered to them, up

to a production of 65,000 barrels a day. And if the production should

exceed that amount they agreed that they would not purchase any

so-called “immediate shipment” oil at a discount on the price of

certificate oil.

4. They promised hereafter that when certificates had been given for oil

taken into the custody of the pipe-lines, the transfer of these

certificates should be considered as a delivery of the oil, and the

tankage of the seller would be treated as free.[80]

Mr. Rockefeller also agreed in making this contract to pay the

Producers’ Union $40,000 to cover the expense of their litigation. In

return for this money and for the abandonment of secret rebates and of

the pipe-line policy to which he had held so strenuously, what was he to

receive? He was not to be tried for conspiracy. And that day, after the

contract had been presented to the Grand Council, Mr. Campbell sent the

following telegram:

“TITUSVILLE, February 19, 1880.

“TO HIS EXCELLENCY HENRY M. HOYT,

Governor of the Commonwealth of Pennsylvania.

_Sir_—As prosecutor in the case of the Commonwealth _vs._ J. D.

Rockefeller, Number 25, April Sessions of Clarion County, I consent

to the withdrawal of the requisition asked of you for extradition of

J. D. Rockefeller _et al._, the same having been in your hands

undecided since July last and a _nolle prosequi_ having been entered

by leave of Court of Clarion County in the case, and I will request

William L. Hindman, the prosecuting attorney, to forward a formal

withdrawal.

Your obedient servant,

B. B. CAMPBELL.”

The contract with the Pennsylvania which was signed by Mr. Scott agreed,

in consideration of the withdrawal of the suit against the road, to the

following policy:

1. That it would make known to all shippers all rates of freight charged

upon petroleum. [This was an abolition of secret rates.]

2. If any rates of freight were allowed one shipper as against another,

on demand that rate was to be made known.

3. There should be no longer any discrimination in the allotment and

distribution of cars to shippers of petroleum.

4. Any rebate allowed to a large shipper was to be reasonable.[81]

There were both humiliation and bitterness in the Council when the

report was read—humiliation and bitterness that after two years of such

strenuous fighting all that was achieved was a contract which sacrificed

what everybody knew to be the fundamental principle, the principle which

up to this point the producers had always insisted must be recognised in

any negotiation—that the rebate system was wrong and must not be

compromised with. Hard speeches were made, and Mr. Campbell’s head was

bowed more than once while big tears ran down his cheeks. He had worked

long and hard. Probably most of the members of the Grand Council who

were present had a consciousness that no one of them had done anywhere

near what Mr. Campbell had done toward prosecuting their cause, and

though they might object to the compromise, they could not blame him,

knowing all the difficulties which had been put in the way. So they

accepted the report, thanking him for his fidelity and energy, but not

failing to express their disapproval of the reservation in regard to the

rebate system. They ended their meeting by a resolution bitterly

condemning the courts, the state administration at Harrisburg, and

corporations in general:

“We declare that by the inefficiency and weakness of the secretary

of internal affairs in the year 1878; by the interposition on more

than one occasion of the attorney-general in 1879, by which the

taking of testimony was prevented; by the failure of the present

government for many months, either to grant or deny the requisition

for criminals indicted for crime, within the commonwealth of

Pennsylvania, fugitives to other states; and by the interference of

some of the judges of the Supreme Court, by an extraordinary and,

according to the best legal judgment of the land, unlawful

proceeding, by which the trial of an indictment for misdemeanour

pending in a local court was delayed and prevented, the alarming and

most dangerous influence of powerful corporations has been

demonstrated. While we accept the inevitable result forced upon us

by these influences, we aver that the contest is not over and our

objects not attained, but we all continue to advocate and maintain

the subordination of all corporations to the laws, the constitution,

and the will of the people, however and whenever expressed; that the

system of freight discrimination by common carriers is absolutely

wrong in principle, and tends to the fostering of dangerous

monopolies; and that it is the duty of the government, by

legislation and executive action, to protect the people from their

growing and dangerous power.”

And with this resolution the second Petroleum Producers’ Union formed to

fight Mr. Rockefeller came to an end.

By the morning of February 20 the Oil Regions knew of the compromise.

The news was received in sullen anger. It was due to the cowardice of

the state officials, the corrupting influence of corporations, the oil

men said. They blamed everybody but themselves, and yet if they had done

their duty the suits would never have been compromised. The simple fact

is that the mass of oil men had not stood by their leaders in the hard

fight they had been making. These leaders, Mr. Campbell the president,

Mr. Sherman the chief counsel, and Mr. Patterson the head of the

legislative committee, had given almost their entire time for two years

to the work of the Union. The offices of Mr. Campbell and Mr. Patterson

were both honorary, and they had both often used their private funds in

prosecuting their work. Mr. Sherman gave his services for months at a

time without pay. No one outside of the Council of the Union knew the

stress that came upon these three men. Up to the decision to institute

the conspiracy suit they had worked in harmony. But when that was

decided upon Mr. Patterson withdrew. He saw how fatal such a move must

be, how completely it interfered with the real work of the Union,

forcing common carriers to do their duty. He saw that the substantial

steps gained were given up and that the work would all have to be done

over again if their suit went on. Mr. Campbell believed in it, however,

and Mr. Sherman, whether he believed in it or not, saw no way but to

follow his chief. The nine months of disappointment and disillusion

which followed were terrible for both men. They soon saw that the forces

against them were too strong, that they would never in all probability

be able to get the conspiracy suit tried, and that so long as it was on

the docket the proper witnesses could not be secured for the suits

against the railroads. Finally it came to be a question with them what

out of the wreck of their plans and hopes could they save? And they

saved what the compromise granted. If the oil producers they

represented, a body of some 2,000 men, had stood behind them throughout

1879 as they did in 1878 the results would have been different. Their

power, their means, were derived from this body, and this body for many

months had been giving them feeble support. Scattered as they were over

a great stretch of country, interested in nothing but their own oil

farms, the producers could only be brought into an alliance by hope of

overturning disastrous business conditions. They all felt that the

monopoly the Standard had achieved was a menace to their interests, and

they went willingly into the Union at the start, and supported it

generously, but they were an impatient people, demanding quick results,

and when they saw that the relief the Union promised could only come

through lawsuits and legislation which it would take perhaps years to

finish, they lost interest and refused money. At the first meeting of

the Grand Council of the Union in November, 1878, there were nearly 200

delegates present—at the last one in February, 1880, scarcely forty.

Many of the local lodges were entirely dead. Not even the revival in the

summer of 1879 of the hated immediate shipment order, which had caused

so much excitement the year before, but which had not been enforced long

because of the uprising, brought them back to the Union. In July the

order had been put in operation again in a fashion most offensive to the

oil men, it being announced by the United Pipe Lines that thereafter oil

would be bought by a system of sealed bids. Blanks were to be furnished

the producers, the formula of which ran:

BRADFORD, PENNSYLVANIA,........ 187..

I hereby offer to sell J. A. Bostwick .... barrels crude oil, of

forty-two gallons per barrel, at .... cents, at the wells, for

shipment from the United Pipe Lines, within the next five (5) days,

provided that any portion of the oil not delivered to you within the

specified time shall be considered cancelled.

There was a frightful uproar in consequence. The morning after this

announcement several hundred men gathered in front of the United Pipe

Line’s office in Bradford, and held an open-air meeting. They had a band

on the ground which played “Hold the Fort”; and the following

resolutions were adopted:

“Resolved, That the oil producers of the Northern District in

meeting assembled do maintain and declare that the present shipment

order is infamous in principle and disreputable in practice, and we

hereby declare that we will not sell one barrel of oil in conformity

with the requirements of the said order. And we pledge our lives,

our fortunes and our sacred honour to resort to every legal means,

to use every influence in our power to prevent any sales under the

said order. And we also declare that the United Pipe Lines shall

hereafter perform their duty as common carriers under the law.”

That night a battalion of some 300 masked men in robes of white marched

through the streets of Bradford, groaning those that they suspected of

being in sympathy with the Standard methods, and cheering their friends.

Again there appeared there, that night, all over the upper oil country,

cabalistic signs, which had been seen there often the year before. The

feeling was so intense, and the danger of riot so great, that

twenty-four hours after the order for sealed bids was given, it was

withdrawn. The outbreak aroused Mr. Campbell’s hope that it might be

possible at this moment to arouse the lodges, and he wrote a prominent

oil man of Bradford asking his opinion. In reply he received the

following letter. It shows very well what the leaders had to contend

against. It shows, too, the point of view of a very frank and

intelligent oil producer:

“BRADFORD, PENNSYLVANIA, July 30, 1879.

“B. B. CAMPBELL,

Parnassus, Pennsylvania.

_Dear Sir_—Your despatch of yesterday from O. C. has only just

reached me. As I cannot say what I want to over the wires I reply by

mail.

You ask if the high-sounding wording of the declaration of rights of

the producers made at their mass-meeting, held here on Monday, in

which they pledged their lives, fortunes and sacred honours, means

liberal subscriptions to the Council funds. I reply with sorrow and

humiliation—_I fear not_. All this high-flown talk is buncombe of

the worst kind. The producers are willing to meet in a mass-meeting

held out of doors where it costs nothing even for rent of a hall,

and pass any kind of a resolution that is offered. It costs nothing

to do this, but when asked to contribute a dollar to the legal

prosecution of these plunderers, robbers, and fugitives from

justice, whom they are denouncing in their resolution, they either

positively refuse, say that the Council is doing nothing, that the

suits are interminable and will never end, that there is no justice

to be obtained in the courts of Pennsylvania, etc., etc., or else

plead poverty and say they have contributed all that they are able

to.

True, the producers are poor and the suits and legal proceedings are

slow, and there is much to discourage them, but I tell you, my

honoured chief, that the true inwardness of this state of affairs

is, that the people of the Oil Regions have by slow degrees and easy

stages been brought into a condition of bondage and serfdom by the

monopoly, until now, when they have been aroused to a realisation of

their condition, they have not the courage and manhood left to

enable them to strike a blow for liberty. And these are the people

for whom you and your few faithful followers in the Council are

labouring, spending (I fear wasting) your substance—neglecting your

own interest to advance theirs, and all for what good—“_cui bono_”?

I fear you will say that I am discouraged. No, not discouraged, but

disgusted with the poor, spiritless, and faint-hearted people whom

you are labouring so hard to liberate from bondage. As to the

prospects of raising funds for the prosecution of the suits by

subscription or assessments on the Unions, I am sorry to say that I

fear it is impossible—at least it is impossible for me to make any

collections—and right here let me make a suggestion. I often feel

that the fault may not be with the people, but with the writer. I

would therefore suggest that you select from among the members of

the Council any good man whom you think has the power of convincing

these people that their only hope of relief lies in sustaining you

in the prosecution of the suits, and therefore they must contribute

to the fund. If you will do this, I will promise you that he will be

hospitably received and favourably introduced by the writer. But as

for depending on the unaided efforts of myself to raise funds, I

fear it would be useless.

I do not write this, my friend, with a view of throwing any

discouragement in your path, which, God knows, is rugged and thorny

enough, but I must give vent to my righteous indignation in some

way, and ask you are the producers as a class (nothing but a d—d

cowardly, disorganised mob as they are) worth the efforts you are

putting forth to save them?

As for myself, a single individual (and I can speak for no others),

I am determined to stand with you until the end, with my best

strength and my last dollar.”

Now, what was this loose and easily discouraged organisation opposing? A

compact body of a few able, cold-blooded men—men to whom anything was

right that they could get, men knowing exactly what they wanted, men who

loved the game they played because of the reward at the goal, and, above

all, men who knew how to hold their tongues and wait. “To Mr.

Rockefeller,” they say in the Oil Regions, “a day is as a year and a

year as a day. He can wait, but he never gives up.” Mr. Rockefeller knew

the producers, knew how feeble their staying qualities in anything but

the putting down of oil wells, and he may have said confidently, at the

beginning of their suits against him, as it was reported he did say,

that they would never be finished. They had not been finished from any

lack of material. If the suits had been pushed but one result was

possible, and that was the conviction of both the Standard and the

railroads; they had been left unfinished because of the impatience and

instability of the prosecuting body and the compactness, resolution and

watchfulness of the defendants.

The withdrawal of the suits was a great victory for Mr. Rockefeller.

There was no longer any doubt of his power in defensive operations.

Having won a victory, he quickly went to work to make it secure. The

Union had surrendered, but the men who had made the Union remained; the

evidence against him was piled up in indestructible records. In time the

same elements which had united to form the serious opposition just

overthrown might come together, and if they should it was possible that

they would not a second time make the mistake of vacillation. The press

of the Oil Regions was largely independent. It had lost, to be sure, the

audacity, the wit, the irrepressible spirit of eight years before when

it fought the South Improvement Company. Its discretion had outstripped

its courage, but there were still signs of intelligent independence in

the newspapers. Mr. Rockefeller now entered on a campaign of

reconciliation which aimed to placate, or silence, every opposing force.

Many of the great human tragedies of the Oil Regions lie in the

individual compromises which followed the public settlement of 1880; for

then it was that man after man, from hopelessness, from disgust, from

ambition, from love of money, gave up the fight for principle which he

had waged for seven years. “The Union has surrendered,” they said; “why

fight on?” This man took a position with the Standard and became

henceforth active in its business; that man took a salary and dropped

out of sight; this one went his independent way, but with closed lips;

that one shook the dust of the Oil Regions from his feet and went out to

seek “God’s country,” asking only that he should never again hear the

word “oil.” The newspapers bowed to the victor. A sudden hush came over

the region, the hush of defeat, of cowardice, of hopelessness. Only the

“poor producer” grumbled. “You can’t satisfy the producer,” Mr.

Rockefeller often has had occasion to remark benignantly and pitifully.

The producer alone was not “convinced.” He still rehearsed the series of

dramatic attacks and sieges which had wiped out independent effort. He

taught his children that the cause had been sold, and he stigmatised the

men who had gone over to the Standard as traitors. Scores of boys and

girls grew up in the Oil Regions in those days with the same feeling of

terrified curiosity toward those who had “sold to the Standard” that

they had toward those who had “been in jail.” The Oil Regions as a whole

was at heart as irreconcilable in 1880 as it had been after the South

Improvement Company fight, and now it had added to its sense of outrage

the humiliation of defeat. Its only immediate hope now was in the

success of one of the transportation enterprises which had come into

existence with the uprising of 1878 and to which it had been for two

years giving what support it could. This enterprise was the seaboard

pipe-line which, as we have seen, Messrs. Benson, McKelvy and Hopkins

had undertaken.

APPENDIX

NUMBER 1 (See page 1007)

PROFESSOR SILLIMAN’S REPORT ON PETROLEUM

[From “The Early and Later History of Petroleum,” by J. T. Henry,

pages 38–54.]

MESSRS. EVELETH, BISSELL AND REED.

_Gentlemen_:—I herewith offer you the results of my somewhat

extended researches upon the rock-oil, or petroleum, from Venango

County, Pennsylvania, which you have requested me to examine with

reference to its value for economical purposes.

Numerous localities, well known in different parts of the world,

furnish an oily fluid exuding from the surface of the earth,

sometimes alone in “tar springs,” as they are called in the Western

United States; frequently it is found floating upon the surface of

water in a thin film, with rainbow colours, or in dark globules,

that may, by mechanical means, be separated from the fluid on which

it swims.

In some places wells are sunk for the purpose of accumulating the

product in a situation convenient for collection by pumping the

water out. The oil exudes on the shores of lakes and lagoons, or

rises from springs beneath the beds of rivers. Such are the springs

of Baku, in Persia, and the wells of Amiano, in the duchy of Parma,

in Italy. The usual geological position of the rocks furnishing this

natural product is in the coal measures—but it is by no means

confined to this group of rocks, since it has been found in deposits

much more recent, and also in those that are older—but in whatever

deposits it may occur, it is uniformly regarded as a product of

vegetable decomposition. Whether this decomposition has been

effected by fermentation only, or by the aid of an elevated

temperature, and distilled by heated vapour, is perhaps hardly

settled.

It is interesting, however, in this connection to remember that the

distillation, at an elevated temperature, of certain black,

bituminous shales in England and France has furnished large

quantities of an oil having many points of resemblance with naphtha,

the name given to this colourless oil, which is the usual product of

distilling petroleum. The very high boiling point of most of the

products of the distillation of the rockoil from Venango County,

Pennsylvania, would seem to indicate that it was a pyrogenic

(fire-produced) product.

Bitumen, asphaltum, mineral pitch, chapapote, etc., etc., are names

variously given to the more or less hard, black, resinous substance

which is produced usually from the exposure of petroleum to the air,

and is found either with or without the fluid naphtha or petroleum.

The most remarkable examples of the occurrence of these substances,

so intimately connected with the history of rock-oil, are the Lake

Asphaltites of the Dead Sea, so memorable in history, the well-known

Bitumen Lake of Trinidad, and the deposits of mineral pitch or

chapapote in Cuba. In one of the provinces of India, vast quantities

of petroleum are annually produced, the chief consumption being

local, for fuel and lights, but a portion is also exported to Europe

for the production of naphtha. In the United States, many points on

the Ohio and its tributaries are noted as producing this oil; nearly

all of them within the coal measures. A detailed history of these

various localities can be found recorded in books of science, and

their repetition here would be out of place.

GENERAL CHARACTER OF THE CRUDE PRODUCT

The crude oil, as it is gathered on your lands, has a dark brown

colour, which, by reflected light, is greenish or bluish. It is

thick even in warm weather—about as thick as thin molasses. In very

cold weather it is somewhat more stiff, but can always be poured

from a bottle even at 15° below zero. Its odour is strong and

peculiar, and recalls to those who are familiar with it the smell of

bitumen and naphtha. Exposed for a long time to the air, it does not

thicken or form a skin on its surface, and in no sense can it be

called a drying oil. The density of the crude oil is .882, water

being 1.000. It boils only at a very high temperature, and yet it

begins to give off a vapour at a temperature not greatly above that

of boiling water. It takes fire with some difficulty and burns with

an abundant smoky flame. It stains paper with the appearance of

ordinary fat oils, and feels smooth and greasy between the fingers.

It is frequently used in its crude state to lubricate coarse

machinery. In chemical characters, it is entirely unlike the fat

oils. Most of these characters are common to petroleum from various

places. In one important respect, however, the product of your lands

differs from that obtained in other situations, that is, it does

not, by continued exposure to the air, become hard and resinous like

mineral pitch or bitumen. I have been informed by those who have

visited the locality, that on the surface of the earth above the

springs which furnish your oil there is no crust or deposit of this

sort such as I have seen in other situations where petroleum or

mineral tar is flowing. This difference will be seen to be of

considerable importance, as it is understood and represented that

this product exists in great abundance upon your property, that it

can be gathered wherever a well is sunk in the soil, over a great

number of acres, and that it is unfailing in its yield from year to

year. The question naturally arises, Of what value is it in the

arts, and for what uses can it be employed? These researches answer

these inquiries.

EXAMINATION OF THE OIL

To determine what products might be obtained in the oil, a portion

of it was submitted to fractional distillation.[82] The temperature

of the fluid was constantly regulated by a thermometer, the heat

being applied first by a water bath, and then by a bath of linseed

oil. This experiment was founded upon the belief that the crude

product contained several distinct oils, having different boiling

points. The quantity of material used in this experiment was 304

grammes. The thermometer indicated the degrees of the Centigrade

scale, but, for convenience, the corresponding degrees of

Fahrenheit’s scale are added. The water bath failed to distil any

portion of the oil at 100° C. (= 212° F.), only a small quantity of

acid water came over. An oil bath, linseed oil, was then

substituted, and the temperature was regularly raised by slow

degrees until distillation commenced. From that point the heat was

successively raised by stages of ten degrees, allowing full time at

each stage for complete distillation of all that would rise at that

temperature before advancing to the next stage. The results of this

tedious process are given in the annexed table—304 grammes of crude

oil, submitted to fractional distillation, gave

TEMPERATURE QUANTITY

1st Prod. at 100° C. = 213° F.(acid water) 5 gms.

2nd Prod. at 140° C. to 150° C.= 284° to 302° F. 26 gms.

3rd Prod. at 150° C. to 160° C.= 302° to 320° F. 29 gms.

4th Prod. at 160° C. to 170° C.= 320° to 388° F. 38 gms.

5th Prod. at 170° C. to 180° C.= 338° to 367° F. 17 gms.

6th Prod. at 180° C. to 200° C.= 356° to 392° F. 16 gms.

7th Prod. at 200° C. to 220° C.= 392° to 428° F. 17 gms.

8th Prod. at 220° C. to 270° C.= 428° to 518° F. 12 gms.

Whole quantity distilled by this method 160 gms.

———

Leaving residue in the retort 144 gms.

———

Original quantity 304 gms.

_Product No. 1_, as above remarked, was almost entirely water, with

a few drops of colourless oil, having an odour similar to the

original fluid, but less intense.

_Product No. 2_ was an oil perfectly colourless, very thin and

limpid, and having an exceedingly persistent odour, similar to the

crude oil, but less intense.

_Product No. 3_ was tinged slightly yellow, perfectly transparent,

and apparently as limpid as the second product, with the same odour.

_Product No. 4_ was more decidedly yellowish than the last, but was

in no other respect distinguishable from it.

_Product No. 5_ was more highly coloured, thicker in consistence,

and had a decided empyreumatic odour.

_Product No. 6._ This and the two subsequent products were each more

highly coloured and denser than the preceding. The last product had

the colour and consistency of honey, and the odour was less

penetrating than that of the preceding oils. The mass of crude

product remaining in the retort (equal 47.4 per cent.) was a dark,

thick, resinous-looking varnish, which was so stiff when cold that

it could be inverted without spilling. This showed no disposition to

harden or skin over by exposure to the air. The distillation was

arrested at this point in glass, by our having reached the limit of

temperature for a bath of linseed oil. The _density_ of the several

products of this distillation shows a progressive increase, thus:

DENSITY

No. 2 733

No. 3 752

No. 4 766

No. 5 776

No. 6 800

No. 7 848

No. 8 854

To form an idea of the comparative density of these several

products, it may be well to state that sulphuric ether, which is one

of the lightest fluids known, has a density of .736, and alcohol,

when absolutely pure, .800.

The _boiling points_ of these several fluids present some anomalies,

but are usually progressive, thus, No. 2 gave signs of boiling at

115° C. (= 239° F.), and boiled vigorously and remained constant at

225° C. to 228° C. (= 437° to 442° F.). No. 3 began to boil 120° (=

248° F.), rose to 270° (= 518° F.), where it remained constant. No.

4 began to vapourise at 140° (= 284° F.), rose to 290° (= 554° F.),

where it remained constant. On a second heating the temperature

continued to rise, and passed 305° (= 581° F.). No. 5 gave

appearance of boiling at 160° (= 320° F.), boiling more vigorously

as the heat was raised, and was still rising at 308° (= 581° F.).

No. 6 commenced boiling at 135° (= 275° F.), boiled violently at

160° (= 320° F.), and continued rising above the range of the

mercurial thermometer. No. 7 commenced ebullition at the same

temperature as No. 6, and rose to 305° (= 581° F.), where the

ebullition was not very active. Much time was consumed in obtaining

these results. We infer from them that the rock-oil is a mixture of

numerous compounds, all having essentially the same chemical

constitution, but differing in density and boiling points, and

capable of separation from each other, by a well-regulated heat.

The uncertainty of the boiling points indicates that the products

obtained at the temperatures named above were still mixtures of

others, and the question forces itself upon us, whether these

several oils are to be regarded as _educts_ (i. e., bodies

previously existing, and simply separated in the process of

distillation), or whether they are not rather produced by the heat

and chemical change in the process of distillation. The continued

application of an elevated temperature alone is sufficient to effect

changes in the constitution of many organic products, evolving new

bodies not before existing in the original substance.

PROPERTIES OF THE DISTILLED OILS

Exposed to the severest cold of the past winter, all the oils

obtained in this distillation remained fluid. Only the last two or

three appeared at all stiffened by a cold of 15° below zero, while

the first three or four products of distillation retained a perfect

degree of fluidity. Exposed to air, as I have said, they suffer no

change. The chemical examination of these oils showed that they were

all composed of carbon and hydrogen, and probably have these

elements in the same numerical relation. When first distilled they

all had an acid reaction, due to the presence of a small quantity of

free sulphuric acid, derived from the crude oil. This was entirely

removed by a weak alkaline water, and even by boiling on pure water.

Clean copper remained untarnished in the oil which had thus been

prepared, showing its fitness for lubrication, so far as absence of

corrosive quality is concerned. The oils contain no oxygen, as is

clearly shown by the fact that clean potassium remains bright in

them. Strong _sulphuric acid_ decomposes and destroys the oil

entirely. _Nitric acid_ changes it to a yellow, oily fluid, similar

to the changes produced by nitric acid on other oils.

_Hydrochloric_, _chromic_, and _acetic acids_ do not affect it.

_Litharge_ and other metallic oxyds do not change it, or convert it

in any degree to a drying oil. _Potassium_ remains in it unaffected,

even at a high temperature. _Hydrates of potash_, _soda_, and _lime_

are also without action upon it. _Chloride of calcium_ and many

other salts manifest an equal indifference to it. Distilled with

_bleaching powders_ (chloride of lime) and water in the manner of

producing chloroform, the oil is changed into a product having an

odour and taste resembling chloroform. Exposed for many days in an

open vessel, at a regulated heat below 212°, the oil gradually rises

in vapour, as may be seen by its staining the paper used to cover

the vessel from dust, and also by its sensible diminution. Six or

eight fluid ounces, exposed in this manner in a metallic vessel for

six weeks or more, the heat never exceeding 200°, gradually and

slowly diminished, grew yellow, and finally left a small residue of

dark brown, lustrous-looking resin, or pitchy substance, which in

the cold was hard and brittle. The samples of oil employed were very

nearly colourless. This is remarkable when we remember that the

temperature of the distillation was above 500° F. The oil is nearly

insoluble in pure alcohol, not more than 4 or 5 per cent. being

dissolved by this agent. In ether the oil dissolves completely, and

on gentle heating is left unchanged by the evaporisation of the

ether. India-rubber is dissolved by the distilled oil to a pasty

mass, forming a thick, black fluid which, after a short time,

deposits the India-rubber. It dissolved a little amber, but only

sufficient to colour the oil red. It also dissolves a small portion

of copal in its natural state, but after roasting, the copal

dissolves in it as it does in other oils.

USE FOR GAS-MAKING

The crude oil was tried as a means of illumination. For this

purpose, a weighed quantity was decomposed, by passing it through a

wrought-iron retort filled with carbon, and ignited to full redness.

The products of this decomposition were received in a suitable

apparatus. It produced nearly pure carburetted hydrogen gas, the

most highly illuminating of all the carbon gases. In fact, the oil

may be regarded as chemically identical with illuminating gas in a

liquid form. The gas produced equalled ten cubic feet to the pound

of oil. It burned with an intense flame, smoking in the ordinary gas

jet, but furnishing the most perfect flame with the Argand burner.

These experiments were not prosecuted further, because it was

assumed that other products, now known and in use, for gas-making,

might be employed at less expense for this purpose, than your oil.

Nevertheless, this branch of inquiry may be worthy of further

attention.

DISTILLATION AT A HIGHER TEMPERATURE

The results of the distillation at a regulated temperature in glass

led us to believe that in a metallic vessel, capable of enduring a

high degree of heat, we might obtain a much larger proportion of

valuable products. A copper still, holding five or six gallons, was

therefore provided, and furnished with an opening, through which a

thermometer could be introduced into the interior of the vessel.

Fourteen imperial quarts (or, by weight, 560 ounces) of the crude

product were placed in this vessel, and the heat raised rapidly to

about 280° C. (= 536° F.), somewhat higher than the last temperature

reached in the first distillation. At this high temperature the

distillation was somewhat rapid, and the product was easily

condensed without a worm. The product of the first stage was 130

ounces (or over 28 per cent.), of a very light-coloured thin oil,

having a density of .792. This product was also acid, and as before,

the acid was easily removed by boiling with fresh water. The

temperature was now raised to somewhat above 300° C. (= 572° F.),

and 123 ounces more distilled, of a more viscid and yellowish oil,

having a density of .865. This accounts for over 43 per cent. of the

whole quantity taken. The temperature being raised now above the

boiling point of mercury, was continued at that until 170 ounces, or

over 31 per cent., of a dark brown oil had been distilled, having a

strong empyreumatic odor. Upon standing still for some time, a dark

blackish sediment was seen to settle from this portion, and on

boiling it with water the unpleasant odour was in a great degree

removed, and the fluid became more light-coloured and perfectly

bright. (It was on a sample of this that the photometric experiments

were made.) The next portion, distilled at about 700° F., gave but

about 17 ounces, and this product was both lighter in colour and

more fluid than the last. It now became necessary to employ dry

hickory wood as a fuel, to obtain flame and sufficient heat to drive

over any further portions of the residue remaining in the alembic.

It will be seen that we have already accounted for over 75 per cent.

of the whole quantity taken. There was a loss on the whole process

of about 10 per cent. made up, in part, of a coaly residue that

remained in the alembic, and partly of the unavoidable loss

resulting from the necessity of removing the oil twice from the

alembic, during the process of distillation, in order to change the

arrangements of the thermometer, and provide means of measuring a

heat higher than that originally contemplated.

About 15 per cent. of a very thick, dark oil completed this

experiment. This last product, which came off slowly at about 750°

F., is thicker and darker than the original oil, and when cold, is

filled with a dense mass of pearly crystals. These are paraffine, a

peculiar product of the destructive distillation of many bodies in

the organic kingdom. This substance may be separated, and obtained

as a white body, resembling fine spermaceti, and from it beautiful

candles have been made. The oil in which the crystals float is of a

very dark colour, and by reflected light is blackish green, like the

original crude product. Although it distills at so high a

temperature, it boils at a point not very different from the denser

products of the first distillation. The paraffine, with which this

portion of the oil abounds, does not exist ready-formed in the

original crude product; but it is a result of the high temperature

employed in the process of distillation, by which the elements are

newly arranged.

I am not prepared to say, without further investigation, that it

would be desirable for the company to manufacture this product in a

pure state, fit for producing candles (a somewhat elaborate chemical

process); but I may add that, should it be desirable to do so, the

quantity of this substance produced may probably be very largely

increased by means which it is now unnecessary to mention.

Paraffine derives its name from the unalterable nature of the

substance, under the most powerful chemical agents. It is white, in

brilliant scales of a greasy lustre; it melts at about 116°, and

boils at over 700° F.; it dissolves in boiling alcohol and ether,

and burns in the air with a brilliant flame. Associated with

paraffine are portions of a very volatile oil, _eupione_, which

boils at a lower temperature, and by its presence renders the

boiling point of the mixture difficult to determine. I consider this

point worthy of further examination than I have been able at present

to give it, i.e., whether the last third, and possibly the last

half, of the petroleum, may not be advantageously so treated as to

produce from it the largest amount of paraffine which it is able to

produce.

The result of this graduated distillation, at a high temperature, is

that we have obtained over 90 per cent. of the whole crude product

in a series of oils, having valuable properties, although not all

equally fitted for illumination and lubrication.

A second distillation of a portion of the product which came over in

the later stages of the process (a portion distilled at about 650°

F., and having a high colour), gave us a thin oil of density about

.750, of light yellow colour and faint odour.

It is safe to add that, by the original distillation, about 50 per

cent. of the crude oil is obtained in a state fit for use as an

illuminator without further preparation than simple clarification by

boiling a short time with water.

DISTILLATION BY HIGH STEAM

Bearing in mind that by aid of high steam, at an elevated

temperature, many distillations in the arts are affected which

cannot be so well accomplished by dry heat, I thought to apply this

method in case of the present research. Instances of this mode of

distillation are in the new process for Stearine candles, and in the

preparation of rosin oil. I accordingly arranged my retort in such a

manner that I could admit a jet of high steam into the boiler, and

almost at the bottom of the contained petroleum. I was, however,

unable to command a jet of steam above 275° to 290° F., and although

this produced abundant distillation, it did not effect a separation

of the several products, and the fluid distilled had much the same

appearance as the petroleum itself, thick and turbid. As this trial

was made late in the investigation, I have been unable to give it a

satisfactory issue, chiefly for want of steam of a proper

temperature. But I suggest, for the consideration of the company,

the propriety of availing themselves of the experience already

existing on this subject, and particularly among those who are

concerned in the distillation of rosin oil—a product having many

analogies with petroleum in respect to its manufacture.

USE OF THE NAPHTHA FOR ILLUMINATION

Many fruitless experiments have been made in the course of this

investigation which it is needless to recount. I will, therefore,

only state those results which are of value.

1. I have found that the only lamp in which this oil can be

successfully burned is the camphene lamp, or one having a button to

form the flame, and an external cone to direct the current of air,

as is now usual in all lamps designed to burn either camphene, rosin

oil, sylvic oil, or any other similar product.

2. As the distilled products of petroleum are nearly or quite

insoluble in alcohol, burning fluid (i. e., a solution of the oil in

alcohol) cannot be manufactured from it.

3. As a consequence, the oil cannot be burned in a hand lamp, since,

with an unprotected wick, it smokes badly. Neither can it be burned

in a Carcel’s mechanical lamp, because a portion of the oil being

more volatile than the rest, rises in vapour on the elevated wick

required in that lamp, and so causes it to smoke.

I have found all the products of distillation from the copper still

capable of burning well in the camphene lamp, except the last third

or fourth part (i.e., that portion which came off at 700° F. and

rising, and which was thick with the crystals of paraffine). Freed

from acidity by boiling on water, the oils of this distillation

burned for twelve hours without injuriously coating the wick, and

without smoke. The wick may be elevated considerably above the level

required for camphene, without any danger of smoking, and the oil

shows no signs of crusting the wick tubes with a coating of rosin,

such as happens in the case of camphene, and occasions so much

inconvenience. The light from the rectified naphtha is pure and

white, without odour. The rate of consumption is less than half that

of camphene, or rosin oil. The Imperial pint, of 20 fluid ounces,

was the one employed—a gallon contains 160 such ounces. A camphene

lamp, with a wick one inch thick, consumed of rectified naphtha in

one hour, 1¾ ounces of fluid. A Carcel’s mechanical lamp of ⅞–inch

wick, consumed of best sperm oil, per hour, 2 ounces. A “Diamond

Light” lamp, with “sylvic oil,” and a wick 1½–inch diameter,

consumed, per hour, 4 ounces.

I have submitted the lamp burning petroleum to the inspection of the

most experienced lampists who were accessible to me, and their

testimony was, that the lamp burning this fluid gave as much light

as any which they had seen, that the oil spent more economically,

and the uniformity of the light was greater than in camphene,

burning for twelve hours without a sensible diminution, and without

smoke. I was, however, anxious to test the amount of light given,

more accurately than could be done by a comparison of opinions. With

your approbation I proceeded therefore to have constructed a

_photometer_, or apparatus for the measurement of light, upon an

improved plan. Messrs. Grunow, scientific artists of this city,

undertook to construct this apparatus, and have done so to my entire

satisfaction. This apparatus I shall describe elsewhere—its results

only are interesting here. By its means I have brought the petroleum

light into rigid comparison with the most important means of

artificial illumination. Let us briefly recapitulate the results of

these

PHOTOMETRIC EXPERIMENTS

The _unit_ adopted for comparison of intensities of illumination is

Judd’s Patent Sixes Sperm Candle.

The sperm oil used was from Edward Mott Robinson, of New Bedford—the

best winter sperm remaining fluid at 32° F. The colza oil and

Carcel’s lamps were furnished by Dardonville, lampist, Broadway, New

York. The gas used was that of the New Haven Gas Light Co., made

from best Newcastle coal, and of fair average quality.

The distance between the standard candle, and the illuminator sought

to be determined, was constantly 150 inches—the photometer traversed

the graduated bar in such a manner as to read, at any point where

equality of illumination was produced, the ratio between the two

lights. I quote only single examples of the average results, and

with as little detail as possible, but I should state that the

operation of the photometer was so satisfactory that we obtained

constantly the same figures when operating in the same way, evening

after evening, and the sensitiveness of the instrument was such that

a difference of one-half inch in its position was immediately

detected in the comparative illumination of the two equal discs of

light in the dark chamber. This is, I believe, a degree of accuracy

not before obtained by a photometer.

TABLE OF ILLUMINATING POWER OF VARIOUS ARTIFICIAL LIGHTS COMPARED WITH

JUDD’S PATENT CANDLES AS A UNIT

SOURCE OF LIGHT RATIO TO

CANDLE—1

Gas burning in Scotch fish-tail tips, 4 feet to the hour 1 : 5.4

Gas burning in Scotch fish-tail tips, 6 feet to the hour 1 : 7.55

Gas burning in Cornelius fish-tail tips, 6 feet to the hour 1 : 6.3

Gas burning in English Argand burner, 10 feet to the hour 1 : 16

Rock-oil, burning in 1–inch wick camphene lamp, consuming 1¾

ounces of fluid to the hour 1 : 8.1

Carcel’s mechanical lamp, burning best sperm oil, 2 ounces of

fluid to the hour, wick ⅞ of an inch 1 : 7.5

Carcel’s mechanical lamp, burning best sperm oil, 2 ounces of

colza oil to the hour, wick of ⅞ an inch 1 : 7.5

Camphene lamp (same size as rock-oil above) burning best

camphene, 4 fluid ounces per hour 1 : 11

“Diamond Light” by “sylvic oil,” in 1½–inch wick, 4 ounces

per hour 1 : 8.1

From this table it will be seen that the rock-oil lamp was somewhat

superior in illuminating power to Carcel’s lamp of the same size,

burning the most costly of all oils. It was also equal to the

“Diamond Light” from a lamp of one-half greater power, and

consequently is superior to it in the same ratio in lamps of equal

power. The camphene lamp appears to be about one-fifth superior to

it, but, on the other hand, the rock-oil surpasses the camphene by

more than one-half in economy of consumption (i.e., it does not

consume one-half so much fluid by measure), and it burns more

constantly. Compared with the sylvic oil and the sperm, the rock-oil

gave on the ground glass diaphragm the whitest disc of illumination,

while in turn the camphene was whiter than the rock-oil light. By

the use of screens of different coloured glass, all inequalities of

_colour_ were compensated in the use of the photometer, so that the

intensity of light could be more accurately compared. Compared with

gas, the rock-oil gave more light than any burner used except the

costly Argand consuming ten feet of gas per hour. To compare the

_cost_ of these several fluids with each other, we know the price of

the several articles, and this varies very much in different places.

Thus, gas in New Haven costs $4 per 1,000 feet, and in New York

$3.50 per 1,000, in Philadelphia $2.00 per 1,000, and in Boston

about the same amount.

Such sperm oil as was used costs $2.50 per gallon, the colza about

$2, the sylvic oil 50 cents, and the camphene 68 cents; no price has

been fixed upon for the rectified rock-oil.

I cannot refrain from expressing my satisfaction at the results of

these photometric experiments, since they have given the oil of your

company a much higher value as an illuminator than I had dared to

hope.

USE OF THE ROCK-OIL AS A LUBRICATOR FOR MACHINERY

A portion of the rectified oil was sent to Boston to be tested upon

a trial apparatus there, but I regret to say that the results have

not been communicated to me yet. As this oil does not gum or become

acid or rancid by exposure, it possesses in that, as well as in its

wonderful resistance to extreme cold, important qualities for a

lubricator.

CONCLUSION

In conclusion, gentlemen, it appears to me that there is much ground

for encouragement in the belief that your company have in their

possession a raw material from which, by simple and not expensive

process, they may manufacture very valuable products.

It is worthy of note that my experiments prove that nearly the

_whole_ of the raw product may be manufactured without waste, and

this solely by a well-directed process which is in practice one of

the most simple of all chemical processes.

There are suggestions of a practical nature, as to the economy of

your manufacture, when you are ready to begin operations, which I

shall be happy to make, should the company require it; meanwhile, I

remain, gentlemen,

Your obedient servant,

B. SILLIMAN, JR.,

_Professor of Chemistry in Yale College_.

NEW HAVEN, April 16, 1855.

NUMBER 2 (See page 1044)

FIRST ACT OF INCORPORATION OF THE STANDARD OIL COMPANY

_KNOW ALL MEN BY THESE PRESENTS_: That we, _John D. Rockefeller_,

_Henry M. Flagler_, _Samuel Andrews_, and _Stephen V. Harkness_, of

_Cleveland, Cuyahoga County, Ohio_, and _William Rockefeller_, of

the _City_, _County_, and _State_ of _New York_, have associated

ourselves together under the provisions of the Act of the

Legislature of the State of Ohio, entitled An Act to provide for the

creation and regulation of incorporated companies in the State of

Ohio, passed May 1, 1852, and the Acts supplementary thereto passed

April 8, 1856, and the Act to amend the last-named Act, passed

February 14, 1861, and other laws of the State of Ohio applicable

thereto, for the purpose of forming a body corporate for

manufacturing petroleum and dealing in petroleum, and its products

under the corporate name of _THE STANDARD OIL COMPANY_.

And we do certify that the purpose for which said body corporate is

formed is the manufacture of petroleum and to deal in petroleum and

its products.

That the capital stock necessary for said company, and the amount

agreed on as composing the capital stock, is the sum of _One Million

Dollars_.

That the amount of each share of capital stock is _One Hundred

Dollars_.

That the name of the place where said manufacturing establishment

shall be located for doing business is _Cleveland City, Cuyahoga

County, State of Ohio_.

That the name and style by which said manufacturing establishment

shall be known is _THE STANDARD OIL COMPANY_.

JOHN D. ROCKEFELLER,

HENRY M. FLAGLER,

SAMUEL ANDREWS,

STEPHEN V. HARKNESS,

WILLIAM ROCKEFELLER.

CLEVELAND, OHIO, January 10, 1870.

NUMBER 3 (See page 1047)

AFFIDAVIT OF JAMES H. DEVEREUX

[In the case of the Standard Oil Company _vs._ William C. Scofield

_et al._ in the Court of Common Pleas, Cuyahoga County, Ohio.]

J. H. Devereux, being first duly sworn, says that he is forty-eight

years of age, and is president of the New York, Pennsylvania and

Ohio Railroad; that in 1868 he became vice-president of the Lake

Shore Railroad, and remained in that position as well as president

and general manager till 1873. That he has heard read the statements

of Robert Hanna and George O. Baslington, in their affidavits filed

herein in respect to transportation of oil, and in regard thereto he

has to say that his experience with the oil traffic began in 1868

when he went upon the Lake Shore Railroad as vice-president,

succeeding Mr. Stone who retired from ill health; that the only

written memoranda connected with the business of the company with

which he was furnished was a book in which it was stated—probably in

Mr. Stone’s handwriting—that the representatives of the various oil

interests of Cleveland would agree to pay a rate of 1 cent. per

gallon on crude oil moved from the regions to Cleveland; that in

addition to the inevitable friction arising from the competition of

these refiners of Cleveland—probably aggregating twenty-five in

number, was the further difficulty of the patent right which the

Pennsylvania Railroad claimed to the transportation of oil, and the

peculiar differences made by them in the rates given to refiners at

Titusville, Pittsburg, and other places all thoroughly in

competition with the then very limited refining capacity of

Cleveland; that he took up the subject as to whether the Lake Shore

Railroad could hope to compete for the transportation of oil, and

the end of the matter was that the Jamestown and Franklin Railroad

was extended from Franklin to Oil City, the then centre of the

producing district, and a sharper contest than ever was produced,

growing out of the opposition of the Pennsylvania Railroad in

competition; that such rates and arrangements were made by the

Pennsylvania Railroad, that it was publicly proclaimed in the public

print in Oil City, Titusville, and other places that Cleveland was

to be wiped out as a refining centre as with a sponge, and without

exception the oil refiners of Cleveland came to affiant as a

representative of transportation, and with a single exception

expressed their fears that they would have either to abandon their

business here or move to Titusville or other points in the Oil

Regions; that the only exception to this decision was that offered

by Rockefeller, Andrews and Flagler, who on its assurance that the

Lake Shore Railroad could and would handle oil as cheaply as the

Pennsylvania Company, proposed to stand their ground at Cleveland

and fight it out on that line. That later, about 1870, the first

move was made to transport refined oil by rail regularly and

throughout the entire year from Cleveland to New York. That prior to

that time the export business from Cleveland was comparatively

limited and was confined to the summer months, most of that portion

of the traffic refined at Cleveland in competition with Pittsburg,

Titusville, and other places being shipped by lake and canal, and as

affiant remembers at a rate of about one dollar per barrel, and with

a certainty of its being reduced to ninety cents. That the rail rate

was nominally two dollars on refined oil from Cleveland to New York.

That Mr. Flagler, at this time representing Rockefeller, Andrews and

Flagler, proposed to make regular monthly shipments by rail

throughout the year provided a proper rate could be made for the

business then offered, this rate to cover transportation of crude

from the region to Cleveland, and when refined from Cleveland to New

York. Rockefeller, Andrews and Flagler being the only refiners here

who proposed to compete for the export business or offered oil for

the entire haul from the regions to Cleveland and thence to New

York; that Mr. Flagler’s proposition was to assure to the Lake Shore

Railroad sixty carloads of refined oil per day[83] from Cleveland to

New York at a rate of $1.75 per barrel from the regions to New York,

being thirty-five cents per barrel for crude from the regions to

Cleveland and $1.30 per barrel for refined from Cleveland to New

York; and Rockefeller, Andrews and Flagler were to assume all risk

and losses from fire or other accidents. That affiant took this

proposition into consideration and made careful computation of the

cost of this transportation to the railroad, which cost is the

proper basis in fixing the rate to be charged; that affiant found

that the then average time for a round trip from Cleveland to New

York for a freight car was thirty days; to carry sixty cars per day

would require 1,800 cars at an average cost of $500 each, making an

investment of $900,000 necessary to do this business, as the

ordinary freight business had to be done; but affiant found that if

sixty carloads could be assured with absolute regularity each and

every day, the time for a round trip from Cleveland to New York and

return could be reduced to ten days, by moving these cars in solid

trains instead of mixing oil cars in other trains, as would be

necessary when transported in small quantities and by moving the oil

trains steadily without regard to other cars; that by thus reducing

the time to ten days for a round trip, only six hundred cars would

be necessary to do this business with an investment therefore of

only $300,000. That the regularity of the traffic would insure

promptness in the unloading and return of the cars; that upon these

considerations affiant concluded that Mr. Flagler’s proposition

offered to the railroad company a larger measure of profit than

would or could ensue from any business to be carried under the old

arrangements, and such proved to be pre-eminently the case; that the

proposition of Mr. Flagler was therefore accepted, and in affiant’s

judgment this was the turning-point which secured to Cleveland a

considerable portion of the export traffic. That this arrangement

was at all times open to any and all parties who would secure or

guarantee a like amount of traffic or an amount sufficient to be

treated and handled in the same speedy and economical way, the

charges for transportation being always necessarily based upon the

actual cost of the service to the railroad, and whenever any shipper

or shippers will unite to reduce the cost of transportation to the

railroad, to refuse to give them the benefit of such reduction would

be to the detriment of the public, the consumers, who in the end pay

the transportation charges. Affiant says that this legitimate and

necessary advantage of the large shipper over the smaller he

explained to Mr. Hanna and Mr. Baslington, and they recognised its

propriety, and affiant offered them the same terms if by themselves

or with others they would assure him like quantities with like

regularity, thus securing like speed and economy in transportation.

And further affiant saith not.

J. H. DEVEREUX.

Subscribed in my presence and sworn to before me this thirteenth day

of November, 1880.

J. C. CANNON,

_Notary Public in and for Said County_.

NUMBER 4 (See page 1055)

TESTIMONY OF HENRY M. FLAGLER ON THE SOUTH IMPROVEMENT COMPANY

[Proceedings in Relation to Trusts, House of Representatives, 1888.

Report Number 3112, pages 289–290.]

_A._ ... Neither of the Messrs. Rockefeller, Colonel Payne, nor

myself, nor any one connected with the Standard Oil Company, ever

had any confidence in or regard for the scheme known as the South

Improvement Company. We did not believe in it, but the view

presented by other gentlemen was pressed upon us to such an extent

that we acquiesced in it to the extent of subscribing our names to a

certain amount of the stock, which was never paid for. The company

never did a dollar’s worth of business, and never had any existence

other than its corporative existence, which it obtained through its

charter. Through its president it negotiated certain railroad

contracts, which, as I remember now, were signed by the company and

by the officers of the railroad. Those contracts were held in escrow

a few weeks and were destroyed or cancelled by mutual consent.

_Q._ Who presented these views to you gentlemen? Who was the person

that had charge of this South Improvement Company’s scheme?

_A._ I think Mr. Warden and the Messrs. Logan were the great leaders

in the South Improvement Company policy.

NUMBER 5 (See page 1062)

CONTRACT BETWEEN THE SOUTH IMPROVEMENT COMPANY AND THE PENNSYLVANIA

RAILROAD COMPANY, DATED JANUARY 18, 1872

[Proceedings in Relation to Trusts, House of Representatives, 1888.

Report Number 3112, pages 357–361.]

Agreement made and entered into this eighteenth day of January, in

the year eighteen hundred and seventy-two, by and between the South

Improvement Company, a corporation organised and existing under the

laws of the State of Pennsylvania, party hereto of the first part,

and the Pennsylvania Railroad Company, on its own behalf and on

behalf of all other railroad companies, whose roads are controlled,

owned, or leased by it, or with which it has sufficient running

arrangements, which other roads are herein described as the

connections of the said Pennsylvania Railroad Company, party hereto

of the second part.

WITNESSETH:

_Whereas_, the party hereto of the first part has been organized for

the purpose, among other things, of increasing, facilitating, and

developing the trade in and the conveyance and transportation of

petroleum and its products, and for that purpose proposes, among

other things, to expend large sums of money in the purchase,

erection, and construction of, and maintaining and conducting works

for storage, distillation, and refining, warehousing and

transportation, and in various other ways, upon the inducement,

among other things, of this contract.

_And Whereas_, the magnitude and extent of the business and

operations proposed to be carried on by the party hereto of the

first part will greatly promote the interest of the party hereto of

the second part, and make it desirable for it, by fixing certain

rates of freight, drawbacks, and rebates, and by the other

provisions of this _agreement_, to encourage the outlay proposed by

the party hereto of the first part, and to facilitate and increase

the transportation to be received from it.

_And Whereas_, it has been agreed by and between the party hereto of

the second part, for itself and its connections, the Erie Railroad

Company, for itself and its connections, and the New York Central

Railroad Company, for itself and its connections, that the business

of transporting, by railroad, crude petroleum and its products,

toward the Atlantic coast, from the points of production and

refining, on their lines of road, shall be allotted by the party

hereto of the first part, to the said three companies, in the

proposition of forty-five (45) per cent. of the whole to the

Pennsylvania Railroad Company, for itself and its connections,

including the Philadelphia and Erie Railway, the Northern Central

Railway, the Alleghany Valley Railroad, Camden and Amboy Railway,

the Pennsylvania Company, and all other railroads which are, or may

be, controlled, owned, and leased by it, or with which it has, or

may have, sufficient running arrangements; twenty-seven and a half

(27½) per cent. of the whole to the Erie Railway Company, for itself

and its connections, and twenty-seven and a half (27½) per cent. of

the whole to the New York Central Railroad Company for itself and

its connections, and that the transportation beyond Cleveland and

Pittsburg over the railroads of the said companies and their

connections, in other directions than toward the Atlantic coast,

west from said points of production and refining, shall be allotted

by the party hereto of the first part, in the proportion of

one-third thereof, to the party hereto of the second part, for

itself and its western connections, and the remainder to other

railroads.

Now, therefore, this agreement witnesseth: That the parties hereto

for themselves and their successors, in consideration of the

promises, of the mutual execution hereof, and of the mutual

advantages hereby conferred, have covenanted and agreed, and hereby

do covenant and agree each with the other, as follows:

ARTICLE FIRST

The party hereto of the first part covenants and agrees:

1. To furnish to the party hereto of the second part for

transportation, such a proportion of the crude petroleum and its

products, owned or controlled by the party hereto of the first part,

as shall give to the party hereto of the second part forty-five (45)

per cent. of all the crude petroleum and its products, sent from the

points of production and refining toward the Atlantic coast, by the

said Pennsylvania, the Erie, and the New York Central railroads and

their connections, and thirty-three and one-third (33⅓) per cent.

that which is sent west of Pittsburg and Cleveland by those

railroads and their connections.

2. To provide suitable tankage at the points where petroleum is

produced, on the railroads of the party hereto of the second part

and its connections in which to receive crude petroleum preparatory

to shipment, with the necessary pipes, pumps, racks, and other

appliances for its convenient transfer in bulk into railroad cars.

3. To deliver to the railroads of the party hereto of the second

part, and its connections, at the places of shipment, and to receive

from them, at the places of destination, all crude petroleum and its

products transported over their roads for the party of the first

part.

4. To provide at the places of destination on the seaboard,

necessary and suitable yards, wharves, warehouses, sheds, tanks,

pipes, pumps, and motive power, for the reception of petroleum and

its products, and loading vessels therewith.

5. To provide, maintain, and operate the works necessary to refine

crude petroleum upon the largest scale practicable, and with such

skill, and on such a system of organisation and division of labour,

as will secure both efficiency and economy; and for that purpose and

for the purpose of developing and increasing the petroleum trade of

the country, to provide and maintain all suitable and necessary

means and facilities.

6. To keep records of the transportation over the railroads of the

party hereto of the second part, and its connections, and so far as

it can obtain the same, over the Erie and the New York Central

railroads and their connections, of all petroleum and its products,

showing the number of barrels of forty-five gallons each in bulk,

and the number of barrels of forty-seven gallons each in barrels,

carried by each road with the points of receiving and delivery, and

the amount of freight received by each road for such transportation,

which records shall at all reasonable times be open to the

inspection of the duly constituted representatives of the party

hereto of the second part.

Monthly abstracts of all such records shall be regularly sent to the

party of the second part.

7. To pay the party of the second part weekly for all transportation

over its roads and its connections, of petroleum and its products,

such gross rates and half-rates of freight as are hereinafter

specified, less the rebates and drawbacks hereinafter provided to be

retained by the party hereto of the first part for its own use.

ARTICLE SECOND

The party hereto of the second part covenants and agrees:

1. That the party hereto of the second part will pay and allow to

the party hereto of the first part, for its own use, in all

petroleum and its products, transported over the railroads of the

party hereto of the second part and its connections, for the party

hereto of the first part, rebates, and on all transported for

others, drawbacks, at the rates hereinafter provided, except in the

case specified in Article Third.

2. To deliver to the party hereto of the first part all petroleum

and its products in packages, transportation over the railroads, of

the party hereto of the second part, and its connections, by

whomsoever shipped, and consigned to the party of the first part, at

the warehouses of the party of the first part, at the seaboard, and

inland, at the depots of the party of the second part, at the places

of destination, and to deliver all petroleum and its products, in

bulk, owned by or consigned to the said party of the first part, at

any point required on the line of the railroads, of the party of the

second part and its connections.

3. To transport and deliver petroleum and its products over the

railroads of the party of the second part and its connections, at

gross rates, which shall at no time exceed the following, without

the consent of both parties hereto.

From any point on the Oil Creek and Allegheny River Railroad to Oil

City, Union, Corry or Irvineton, which are herein designated as

_common points_, on each barrel of forty-five gallons in bulk, and

on each barrel of forty-seven gallons in barrels, thirty cents.

ON CRUDE PETROLEUM

From any common point to Cleveland, for each barrel of 45 gallons $0.80

From any common point to Pittsburg, for each barrel of 45 gallons .80

From any common point to New York, for each barrel of 45 gallons 2.56

From any common point to Philadelphia, for each barrel of 45

gallons 2.41

From any common point to Baltimore, for each barrel of 45 gallons 2.41

From any common point to Boston, for each barrel of 45 gallons 2.71

All other points, except those on the Oil Creek and Allegheny River

Railway, to the places of destination last named, the same rates as

from the _common points_.

ON REFINED OIL, BENZINE, AND OTHER PRODUCTS OF THE MANUFACTURE OF

PETROLEUM

From Pittsburg to New York, for each barrel $2.00

From Pittsburg to Philadelphia, for each barrel 1.85

From Pittsburg to Baltimore, for each barrel 1.85

From Cleveland to Boston, for each barrel 2.15

From Cleveland to New York, for each barrel 2.00

From Cleveland to Philadelphia, for each barrel 1.85

From Cleveland to Baltimore, for each barrel 1.85

From any common point to New York, for each barrel 2.92

From any common point to Philadelphia, for each barrel 2.77

From any common point to Baltimore, for each barrel 2.77

From any common point to Boston, for each barrel 3.07

From and to all points intermediate between the points aforesaid,

such reasonable rates as the party of the second part shall from

time to time establish, on both crude and refined.

From Pittsburg, Cleveland, and other points, to places west of

Pittsburg and Cleveland, such reasonable rates as the party of the

second part may deem it expedient from time to time to establish.

4. To pay and allow to the party hereto of the first part, on all

petroleum and its products, transportation for it over the railroads

of the party of the second part and its connections, the following

rebates, and on all transported for other parties, drawbacks of like

amounts, as the rebates from the gross rates, the same to be

deducted and retained by the party hereto of the first part, for its

own use from the amounts of freights, payable to the party of the

second part.

ON THE TRANSPORTATION OF CRUDE PETROLEUM

From the gross rate from any common point to Cleveland, a rebate

per barrel of $0.40

From the gross rate from any common point to Pittsburg, a rebate

per barrel of .40

From the gross rate from any common point to New York, a rebate

per barrel of 1.06

From the gross rate from any common point to Philadelphia, a

rebate per barrel of 1.06

From the gross rate from any common point to Baltimore, a rebate

per barrel of 1.06

From the gross rate from any common point to Boston, a rebate per

barrel of 1.06

From the gross rate from all other points, and the six places of

destination last named rebates the same as on the rates from the

common points.

ON THE TRANSPORTATION OF REFINED OIL, BENZINE, AND OTHER PRODUCTS OF

THE MANUFACTURE OF PETROLEUM

From the gross rates from Pittsburg to New York, a rebate per

barrel of $0.50

From the gross rates from Pittsburg to Philadelphia, a rebate per

barrel of .50

From the gross rates from Pittsburg to Baltimore, a rebate per

barrel of .50

From the gross rates from Cleveland to Boston, a rebate per

barrel of .50

From the gross rates from Cleveland to New York, a rebate per

barrel of .50

From the gross rates from Cleveland to Philadelphia, a rebate per

barrel of .50

From the gross rates from Cleveland to Baltimore, a rebate per

barrel of .50

From the gross rates from any common point to New York, a rebate

per barrel of 1.32

From the gross rates from any common point to Philadelphia, a

rebate per barrel of 1.32

From the gross rates from any common point to Baltimore, a rebate

per barrel of 1.32

From the gross rates from any common point to Boston, a rebate

per barrel of 1.32

From the gross rates to and from all points, intermediate between

the above points, a rebate or drawback of one-third of the gross

rate, shall be paid.

From the gross rates from Pittsburg, Cleveland, and other points, to

places west of the meridians of Pittsburg and Cleveland, a rebate or

drawback of one-third of the gross rate shall be paid.

5. To charge to all other parties (excepting such as are referred to

in Article 3d) for the transportation of petroleum and its products,

rates which shall not be less than the gross rates above specified,

and should at any time any less rate be charged, directly or

indirectly, either by way of rebate, commission, allowances, or upon

any pretext whatsoever, the same reduction per barrel shall be made

to the party hereto of the first part, from the net rates provided

for them, on all transportation for them during the period for which

such reduction shall be made to others.

6. To permit the party hereto of the first part, if, in its

judgment, the currents of trade should so require, temporarily to

increase or diminish the proportion, as herein provided to the party

hereto of the second part, for itself and its connections, as the

whole business of transporting petroleum and its products, as

between the party hereto of the second part, the Erie Railway

Company and the New York Central Railroad Company. The party of the

second part in such case, to receive from the party hereto of the

first part, in full payment or indemnity, for the excess or

deficiency, one-half the net schedule rates on such excess or

deficiency; the other half to be paid _pro rata_ to the said other

companies, whose apportioned quantity of transportation shall thus

be varied; but such diversion of business shall not, at any time,

exceed one week, nor be repeated without an interval of at least

sixty days, unless with the consent of the party hereto of the

second part. Also, that whenever from time to time, as aforesaid, a

temporary diversion of a part of the apportioned transportation of

the party of the second part, to the other railroads aforesaid, or

to either of them, shall become necessary, cars of the party of the

second part may be loaded by the party of the first part, and sent

away over such other railroads, or either of them, but the cars so

sent away shall be returned without unnecessary delay, and in as

good order as when taken to the railroads of the party of the second

part, and mileage at the usual rates paid for their use while

absent.

7. To furnish with as much regularity as possible, at all times,

good and sufficient cars, and other means suitable and necessary for

the safe and prompt transportation of all crude petroleum and its

products, either in bulk or in barrels, which the party hereto of

the first part shall desire to send from one point to another (and

which shall be supplied with as much regularity as possible), on or

over the railroads of the party of the second part and its

connections.

8. To make manifests or way-bills of all petroleum or its products,

transported over any portion of the railroads of the party of the

second part or its connections, which manifests shall state the name

of the consignor, the place of shipment, the kind and actual

quantity of the article shipped, the name of the consignee, and the

place of destination, with the rate and gross amount of freight and

charges, and to send daily to the principal office of the party of

the first part, duplicates of all such manifests or way-bills.

ARTICLE THIRD

And it is hereby further covenanted and agreed by and between the

parties hereto, that the rebates hereinbefore provided for the party

hereto of the first part, may be made to any other party who shall

furnish an equal amount of transportation, and who shall possess and

use works, means, and facilities for carrying on and promoting the

petroleum trade equal to those possessed and used by the party

hereto of the first part.

ARTICLE FOURTH

And it is hereby further covenanted and agreed by and between the

parties hereto, that the party hereto of the second part shall at

all times co-operate, as far as it legally may, with the party

hereto of the first part, to maintain the business of the party

hereto of the first part, against loss or injury by competition, to

the end that the party hereto of the first part may keep up a

remunerative, and so a full and regular business, and to that end

shall lower or raise the gross rates of transportation over its

railroads and connections, as far as it legally may, for such times,

and to such extent as may be necessary to overcome such competition.

The rebates and drawbacks to the party of the first part to be

varied _pari passu_ with the gross rates.

ARTICLE FIFTH

It is hereby mutually agreed by and between the parties hereto that

for the purpose of meeting such exigencies as may from time to time

require change of the rates of transportation herein provided, each

party, on ten days’ written notice from the other, shall appoint a

person on behalf of such party, and the two persons thus appointed,

shall have power to change and adjust the rates, which shall go into

effect on being approved by the said parties hereto.

ARTICLE SIXTH

It is further mutually agreed by and between the parties hereto that

the gross rates of freight to the party hereto of the first part

shall at all times be kept as near to the net rates as is consistent

with the interests of the party hereto of the first part, and that

whenever in the judgment of the party hereto of the first part it is

expedient to lower the rebate below the rate above specified, it may

do so, and from time to time raise the same again, not, however,

above the rate hereinbefore specified. The party hereto of the first

part, from time to time shall notify the party of the second part in

writing of the change required, whereupon the party hereto of the

second part shall forthwith make a corresponding change of such

gross rates.

ARTICLE SEVENTH

It is further mutually agreed by and between the parties hereto,

that this agreement shall continue and remain in force for the

period of not less than five years, and shall not then, nor

thereafter terminate, until one of the parties shall have given

twelve months’ written notice to terminate it.

ARTICLE EIGHTH

It is further mutually agreed by and between the parties hereto,

that if any doubt, question, difference, cause, or suit shall at any

time or times, hereafter, arise or happen between the said parties

to these presents, touching the construction of these presents, or

any clause, matter, or thing herein contained, or any other matters,

cause, or thing whatsoever, in any wise relating to or concerning

this agreement, and such doubt, question, difference, or dispute,

shall not be fully settled by the parties to these presents within

one calendar month after the same shall arise, then, in every such

case, upon the request in writing of either of the said parties

hereto, specifying such doubt, question, difference, or dispute, it

shall be committed and referred to the hearing and arbitration of

three disinterested persons; one of them to be chosen by the party

of the first part, another of them to be chosen by the party of the

second part, and each party on ten days’ notice in writing from the

other, shall make such choice, and appoint a disinterested person in

behalf of such party, but, if either party on such notice shall

within such ten days fail to make an appointment, the person

appointed by the other party shall choose the second disinterested

person, and the third disinterested person shall be chosen within

one calendar month next after such request; and the award, order, or

determination of the said three persons, to be chosen as aforesaid,

or any two of them, shall be binding and conclusive on the parties

hereto, and shall be performed and kept by them, without any further

suit or trouble whatsoever; provided such award, order, or

determination, be made in writing, under the hands of the said three

persons, or of any two of them, within the space of sixty days after

all the persons shall be so selected, as aforesaid. And for the

further and better enforcing the performance of the award, so to be

made, as aforesaid, the reference or submission for or in respect of

the same, may, at the option of any of the parties to these

presents, from time to time be made as a matter of course, a rule of

court in any court of record.

In witness whereof, the said South Improvement Company and

Pennsylvania Railroad Company have caused their respective corporate

seals to be hereto affixed, and these presents to be subscribed by

their respective presidents, the day and year first above written.

[SEAL]

SOUTH IMPROVEMENT COMPANY.

By P. H. WATSON,

_President_.

[SEAL]

PENNSYLVANIA RAILROAD COMPANY.

By J. EDGAR THOMPSON,

_President_.

Attest: JOSEPH LESLEY, _Secretary_.

NUMBER 6 (See page 1063)

STANDARD OIL COMPANY’S APPLICATION FOR INCREASE OF CAPITAL STOCK TO

$2,500,000 IN 1872

_To the Secretary of the State of Ohio_:

The undersigned, being a majority of the Board of Directors of _THE

STANDARD OIL COMPANY OF CLEVELAND, OHIO_, do hereby certify that on

the first day of January, A.D. 1872, at the annual meeting of the

stockholders of said company held at its office in Cleveland,

Cuyahoga County, Ohio, by a vote then and there taken, all the

stockholders of said company being present and voting therefor, it

was resolved and agreed by each and all of them, that the capital

stock of said company be increased the sum of _One Million Five

Hundred Thousand Dollars_, thereby making the capital stock of said

company _Two Millions Five Hundred Thousand Dollars_, which action

of the stockholders was as follows, to wit:

_Resolved_, and it is hereby agreed by each and all of us, that the

capital stock of this company, namely, _The Standard Oil Company of

Cleveland, Ohio_, be increased to the sum of _Two Millions Five

Hundred Thousand Dollars_, and it is also agreed, and the proper

officers of the company are hereby instructed to take the requisite

steps to so increase said capital stock.

JOHN D. ROCKEFELLER, O. B. JENNINGS, B. BREWSTER, WILLIAM

ROCKEFELLER, S. V. HARKNESS, H. M. FLAGLER, T. P. HANDY, S.

ANDREWS, A. STONE, JR., S. WITT, _Stockholders_.

_Cleveland, O., January 1st_, A.D. _1872._

_And afterward said meeting was adjourned._ HENRY M. FLAGLER,

_Secretary_.

And we further certify that the whole amount of such increase of

capital stock has been paid to said company, in money, that no note,

bill, bond, or other security has been taken for the same, or any

part thereof, and that the credit of the company has not been used

directly or indirectly to raise funds to pay the same or any part

thereof.

_IN WITNESS WHEREOF_, We hereunto set our names at _Cleveland,

Ohio_, this ninth day of February, A.D. 1872.

JOHN D. ROCKEFELLER, HENRY M. FLAGLER, SAMUEL ANDREWS, STEPHEN V.

HARKNESS, _Directors_.

NUMBER 7 (See page 1067)

AFFIDAVITS OF GEORGE O. BASLINGTON

[In the case of the Standard Oil Company _vs._ William C. Scofield,

_et al._, in the Court of Common Pleas, Cuyahoga County, Ohio.]

In the spring of 1869, they (Hanna, Baslington & Company) began the

construction of refining works just above the Atlantic depot on the

west side of the Cleveland and Columbus Railroad track, and invested

in the construction of the works about $67,000, which works were

completed so as to commence the refining business about the first of

June, 1869, and from that time up to about the first of July, 1870,

the works had netted a profit of $40,000 over all expenses of

running said works, being about 60 per cent. on the capital invested

per annum, and from that time on up to the first of April, 1872,

said firm cleared $21,000, being about 30 per cent. per annum on the

investment from the time that said firm commenced business.

Some time in February, 1872, the firm received a message from the

Standard Oil Company requesting said firm to have an interview as to

the disposal of the refining works of said firm; that they were

indisposed to enter into any arrangement for the disposition of said

works because the investment of capital in said works had proved

abundantly profitable to their satisfaction and they had no

disposition whatever to part with the works; but upon investigation

they were somewhat surprised to find that the Standard Oil Company

had already obtained the substantial control of the different

refineries in the City of Cleveland; that it had obtained such rates

of transportation of crude and refined oil from the different

railroads that it was impossible for them to compete with it, and

upon an interview which was had by Mr. Hanna and affiant with Mr.

Rockefeller who was at the time president of the Standard Oil

Company. Mr. Flagler, the secretary of the company, being present,

Mr. Rockefeller in substance declared or said that the Standard Oil

Company had such control of the refining business already in the

City of Cleveland that he thought said firm of Hanna, Baslington &

Company could not make any money; that there was no use for them to

attempt to do business in competition with the Standard Oil Company.

Affiant further says that after having had an interview both with

Mr. Watson, who was the president of a company called “The South

Improvement Company,” and Mr. Devereux, who was the general manager

of the Lake Shore Road, he became satisfied that no arrangement

whatever could be effected through which transportation could at

least be obtained on the Lake Shore Road that would enable their

firm to compete with the Standard Oil Company, the works of said

Hanna, Baslington & Company, being so situated that they could only

obtain their crude oil through the line of the Lake Shore Road. And

finding that the Standard Oil Company had such special rates of

transportation that unless the firm of Hanna, Baslington & Company

were enabled to bring as much oil as the Standard Oil Company, that

it was impossible for said firm of Hanna, Baslington & Company to

obtain a fair competing rate with the Standard Oil Company. They at

least came to the conclusion that it was better for them to take

what they could get from the Standard Oil Company and let their

works go.

And affiant further says that under these circumstances they sold

their works to the Standard Oil Company, which were on the day of

the sale worth at least $100,000, for $45,000 because that was all

they could obtain from them, and works too which in cash cost them

not less than $76,000, and which with a fair competition would have

paid them an income of not less than 30 per cent. per annum on the

investment.

Affiant further says that at the interviews which he had with Mr.

Rockefeller, Mr. Rockefeller told him that the Standard Oil Company

already had control of all the large refineries in the City of

Cleveland and there was no use for them to undertake to compete

against the Standard Oil Company, for it would only ultimate in

their being wiped out, or language to that effect.—(November 1,

1880.)

* * * * *

George O. Baslington being duly sworn (November 12, 1880) says: That

the firm of Hanna, Baslington & Company, the first year they were in

business, made profit amounting to a little less than $40,000 and

from the end of the first year up to the time of the sale to the

Standard Oil Company they made no profit at all. At the time of the

sale the firm reserved the privilege of running the works to close

up and run them up to about April 1, 1872, and during that time they

made profit to the amount of about $21,000. At the time my former

affidavit was drawn by Mr. Tyler, I stated these facts to him.

In the sale of the works to the Standard Oil Company we were given

the option to take cash or to take stock in the Standard Oil Company

at par. We decided to and did take cash, and one reason that

influenced us to take cash was that we were fearful that refining

oil at Cleveland might not be successful, and if so, the cash was

better than the stock, and affiant wanted the cash to enable him to

embark in other pursuits.

NUMBER 8 (See page 1072)

ORGANISATION OF THE PETROLEUM PRODUCERS’ UNION OF 1872

[From “A History of the Rise and Fall of the South Improvement

Company,” pages 8–10.]

1. The territory forming the Pennsylvania petroleum field shall be

divided into sixteen districts....

2. The producers in each district shall meet at some convenient

place and choose one or more (not to exceed five) men, from their

own number, through whose hands they shall pledge themselves to sell

all their crude oil.

3. It shall be the duty of these committeemen to sell the crude oil

coming into their hands: First, to the local refiners; second, to

the agents of the refiners located in distant cities, as may be

designated by the executive committee; and third, to such shippers,

dealers, and exporters as may be named by the executive committee,

and it shall be the further duty of said local committeemen to keep

the executive committee fully posted as to what is being done in

their respective districts with reference to the sale and removal of

all crude oil.

4. There shall be an executive committee composed of members of the

Petroleum Producers’ Union, to consist of one from each of the

sixteen districts, to be chosen by the local committee, whose duty

it shall be to meet from time to time, and take all necessary

measures to fully carry out this plan in all its details.

5. That for the purpose of paying the expenses of this committee,

one cent a barrel on all the crude oil shall be levied, collected,

and paid over by the local committeemen to the executive committee,

of which the executive committee shall keep an account to be

rendered to the producers at a future meeting.

6. It shall be the especial duty of the executive committee to take

such measures as they may find necessary to secure uniform mileage

rates of freights on all oil and merchandise of every kind, to and

from the Oil Region, and employ all lawful measures for the

abolition of the railway system of rebates or drawbacks.

PLEDGE

“I do hereby agree to sell all my production of oil through, or with

the consent of, the committee of the Petroleum Producers’ Union.”

_First._—That an organisation shall be immediately formed for the

exclusive purpose of advancing money to producers upon their

depositing proper Tank or Pipe Company receipts therefor with the

organisation or its agency.

_Second._—That the name of the organisation shall be the “PRODUCERS’

PROTECTIVE ASSOCIATION.”

_Third._—That its capital shall be one million dollars, with power

in the directors to increase it to such an amount as in their

judgment shall be necessary to accomplish the objects of the

organisation.

_Fourth._—That its headquarters shall be in Oil City, and its

co-operative agencies shall be located at all principal producing

points.

_Fifth._—That its stock shall be divided into shares of $100 each,

which stock shall be transferable only upon the books of the company

at its headquarters, with the consent of the board of directors.

_Sixth._—That the chairman of the general committee be requested to

appoint one person in each of the sixteen producing districts, who

shall open books to receive, and every producer, manufacturer, or

other party, directly or indirectly interested in our home

industries be invited to subscribe to the capital stock of this

organisation not exceeding fifty shares, or such part thereof as he

shall elect, and no person shall, at any time hold more than said

number of shares.

_Seventh._—That when the sum of one million dollars shall have been

subscribed and ten per cent. thereof paid to five trustees to be

appointed by the chairman of the general committee, the said

chairman shall give notice of an election of officers, who shall be

elected by the votes of the subscribers, each share being entitled

to a vote.

_Eighth._—That said officers shall consist of a president,

vice-president, and such a number of directors as shall give each

district a fair presentation.

_Ninth._—That the board of directors shall appoint some bank or

banker in each district its co-operative agency; or in the absence

of a bank or bankers such agencies be established as shall be most

convenient for the producer, which bank or agency shall, as

necessity requires, by draft or otherwise, obtain its funds from the

headquarters of the company, and be held strictly accountable

therefor.

_Tenth._—That every producer shall be entitled to go to his most

convenient agency, and deposit his certificate or receipt for oil,

which shall be passed to his credit, and he shall receive such an

advance thereof as the board of directors in their discretion shall

deem prudent to make.

_Eleventh._—That the association shall from time to time sell the

oil belonging to it, or held as security for advances overdue in

such quantities and at such prices as legitimate demand will justify

said prices to be daily telegraphed from headquarters to the several

agencies.

_Twelfth._—That every producer depositing oil in the hands of the

association on which no advance is made, may, if he so elect, have

his oil held until such time as he shall direct its sale, and that

the appropriation of oils sold from day to day shall be as follows:

First, all oils ordered sold by its owner, and the balance _pro

rata_ on oils on which advances have been made and shall then be

overdue.

_Thirteenth._—The association shall charge a reasonable rate of

interest on all advances made, such interest to be used in defraying

the expenses of the association and the surplus, if any, shall be

declared as dividends upon the full paid stock. That any surplus

stock remaining in the hands of the association shall be the

property of the association until taken and paid for by some party

entitled thereto under the foregoing provisions, but always at par.

_Fourteenth._—When the producers of each district shall have

appointed their committees, as provided in the second section of the

Producers’ Union, and have elected their chairman, he is requested

to send to the chairman of the general committee the names thereof.

_Fifteenth._—And it shall be the duty of the person appointed by the

general committee, as provided in section five, to use due diligence

in the circulation thereof, for subscriptions, and within one week

from the receipt thereof, he shall collect the ten per cent. of each

subscription, as provided by section seventh, and report the same to

the chairman of the general committee, together with a list of the

subscribers and the amount subscribed.

NUMBER 9 (See page 1078)

CHARTER OF THE SOUTH IMPROVEMENT COMPANY

[From The Laws of Pennsylvania for 1872.]

An Act to incorporate the South Improvement Company:

SECTION 1. _Be it enacted by the Senate and House of Representatives

of the Commonwealth of Pennsylvania in General Assembly met, and it

is hereby enacted by the authority of the same_, That S. S. Moon, R.

D. Barcley, John A. Fowler, or a majority of them, their associates,

successors, and assigns, be and they are hereby authorised and

empowered to form and be a body corporate, to be known as the South

Improvement Company, which shall be and is hereby vested with all

the powers, privileges, duties, and obligations conferred upon the

act to incorporate the Pennsylvania Company by the Act of the

Legislature of Pennsylvania, approved the seventh day of April, A.D.

one thousand eight hundred and seventy, and the supplements thereto.

SEC. 2. That the stockholders of said company, by and with the

consent of the holders of not less than two-thirds of the shares of

stock, be and they are hereby authorised to change the name and

title of the said company and designate the location of its general

office, which changes shall be valid after the filing of a

certificate in the office of the secretary of the Commonwealth,

signed by the president, and attested by the seal of the said

company.

Approved the sixth day of May, 1871.

The Act incorporating the Pennsylvania Company, referred to above,

is the one that details the powers conferred on the incorporators.

An Act to incorporate the Pennsylvania Company:

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