“Where the manifest object of an agreement is to unite corporations,

partnerships and individuals into, or include them in a common

enterprise, and control them through an agency unknown to the law of

their creation, and all the officers, directors and stockholders of

such corporations sign the agreement, and, in furtherance of its

provisions, transfer their stock to such agency, permit the

corporate executive agencies to make such transfers on the corporate

books, submit without objection to the domination of the agency to

which the stock is so transferred in the selection of directors and

officers, and in the management of the corporate affairs and

business suffer the corporate earnings to go to such agency and be

placed and mingled with the earnings of the other parties in the

combination so created, and, after deductions for uses of the

combination, be divided as part of such common earnings among the

persons interested, in such case the corporations become and are—or

at least will be treated by the courts as—parties to such agreement

and actors in its performance, although their corporate names are

withheld therefrom. Such proceedings constitute actual corporate

conduct, if not formal corporate action, on the part of each

corporation.

“An agreement is in violation of law and void which in effect

creates a partnership between corporations, or where its probable

operation and effect—much more where its inevitable tendency—is to

create a substantial monopoly, or is in restraint of trade or

otherwise injurious to the public.

“Where a corporation, either directly or indirectly, submits to the

domination of an agency unknown to the statute, or identifies itself

with and unites in carrying out an agreement whose performance is

injurious to the public, it thereby offends against the law of its

creation and forfeits all rights to its franchises, and judgment of

ouster should be entered against it.

“Even if the statute which prescribes a time within which an action

against a corporation for forfeiture of its charter shall be

commenced, be applicable to a case of this kind, yet, where the

offences or acts committed or omitted by a corporation for which

forfeiture of its charter is sought at the suit of the state, are

concealed, or are of such character as to conceal themselves, such

offences and acts as against the state are frauds, and such statute

does not begin to run until the frauds are discovered.”

Joseph H. Choate appeared for the defence. The most eminent lawyer in

the country, his argument must have been anxiously awaited by Mr.

Watson. Curiously enough, as it seems to the non-legal mind, Mr. Choate

began his plea by a _prayer for mercy_. Whatever the sins of the

Standard Oil Company of Ohio, pleaded Mr. Choate, do not take away its

charter. Mr. Choate then proceeded with a strong argument in which he

claimed “absolute innocence and absolute merit for everything we have

done within the scope of the matters brought before the court by these

pleadings.”

The argument did not convince the court of the innocence of the Standard

in the questions at issue. The court showed, out of the mouth of the

trust agreement itself, that the Standard Oil Company of Ohio was

“managed in the interest of the Standard Oil Trust—irrespective of what

might be its duties to the people of the state from which it derives its

corporate life.” The court gave as its opinion that an act of a majority

of the stockholders of a corporation affects the property of a company

in the same way that a resolution by the board of directors affects it.

“By this agreement,” said the court, “indirectly, it is true, but none

the less effectually, the defendant is controlled and managed by the

Standard Oil Trust, an association with its principal place of business

in New York City, and organised for a purpose contrary to the policy of

our laws. Its object was to establish a virtual monopoly of the business

of producing petroleum, and of manufacturing, refining and dealing in it

and all its products, throughout the entire country, and by which it

might not merely control the production, but the price, at its pleasure.

All such associations are contrary to the policy of our state and void.

* * * * *

“Much has been said in favour of the objects of the Standard Oil Trust

and what it has accomplished. It may be true that it has improved the

quality and cheapened the cost of petroleum and its products to the

consumer. But such is not one of the usual or general results of a

monopoly; and it is the policy of the law to regard, not what may, but

what usually happens. Experience shows that it is not wise to trust

human cupidity where it has the opportunity to aggrandise itself at the

expense of others. The claim of having cheapened the price to the

consumer is the usual pretext on which monopolies of this kind are

defended.”[131]

From all this the court decided the Standard Oil Company deserved

punishment. The charter was not taken away—the statute of limitations

being advanced as a reason for this leniency, although, as Mr. Watson

and Mr. Warrington showed, the statute of limitations could hardly be

pleaded in this case, when the state had been kept in ignorance by the

concealment of the agreement. The company was allowed to live, but it

was ousted from the privilege of entering into the trust agreement, from

the power of recognising the transfer of the stock, and from the power

of permitting the trustees to control its affairs. It was also ordered

to pay the costs of the action.

The judgment of the court was not rendered until March 2, 1892, almost

two years after the filing of the petition. As soon as it was received

Virgil P. Kline, the chief counsel of the Standard Oil Company of Ohio,

went to New York for consultation with the trustees. Five days later he

wrote to Judge Spear, the chief justice of the Ohio Supreme Court,

saying: “Decisive steps will be taken at once not only to release the

Standard Oil Company from any relations to the trust, but to terminate

the entire trust.” But there were “practical difficulties” in the task.

The company pleaded for a “temporary recognition,” and he asked an

interview where he could explain the situation. This was granted, and on

the 16th of March Mr. Kline explained to the judges in chambers, to Mr.

Watson, and to his successor in office, the situation of the company.

The trustees had all but seven shares of its stock. Trust certificates

had been issued for these ten years before. The Standard Oil Company did

not know who held these certificates, and could only know through the

trustees, therefore the trust certificates must be transferred back, the

owners hunted up, and each one induced to make an exchange. A system

must be devised for doing this. Anybody could see this would take time.

The court was friendly in the matter, and Chief Justice Spear gave to

Mr. Kline an informal note granting an extension. “The court is not

disposed to change its order at this time,” the chief justice wrote,

“but, so long as those in control appear to be engaged, as now, in an

honest effort to dissever the relations of the company with the trust,

and liquidate and wind up the affairs of the trust, the court will not

be disposed to interfere.” Thus time was gained.

While Mr. Kline was securing time, the trustees were pushing a

liquidation scheme. On March 11 the following notice was mailed to all

holders of Standard Oil Trust certificates, and was published in a

newspaper in each state where a Standard Oil Company had been organised:

NOTICE

A special meeting of the holders of Standard Oil Trust certificates

will be held at the office of the trust, Number 26 Broadway, in the

City of New York, on Monday, March 21, 1892, at eleven o’clock A.M.,

for the purpose of voting upon a resolution to terminate the trust

agreement, in accordance with the terms of said agreement, and to

take such further action as may be thereby rendered necessary.

H. M. FLAGLER, _Secretary_.

The meeting was held as called. Mr. Rockefeller was in the chair, and

Mr. Dodd, who had drawn the trust agreement, now presented the

resolution which was to dissolve it. The remarks with which Mr. Dodd

introduced his resolution denied every point which the courts had

charged against the combination:

“Something over ten years ago,” said Mr. Dodd, “a few individuals

owning stocks in a number of corporations engaged in transporting

and refining oil, entered into an agreement by which their stocks

were placed in the hands of trustees, and certificates were issued

by said trustees showing the amount of each owner’s equitable

interest in the stocks so held in trust. This was not done in order

to vest the voting power in the hands of a few persons, because the

persons chosen as trustees then held, and always have held, the

voting power by virtue of their absolute ownership of a majority of

the stocks. It was not done to reduce competition, because the

companies whose stocks were placed in trust were not competing

companies, and could not be so long as their stocks were owned by

these few persons. It was not done to limit production or to

increase prices, but, on the contrary, was done to increase

production, cheapen cost of manufacture, and to lower prices, and it

has been successful in that object far beyond the anticipations of

those who originated the plan. It was called a trust, because it was

a trust in the sense in which the word was then understood. It

vested a fiduciary obligation in a few for the benefit of many, and

the trustees thus created have faithfully observed the trust

confided in them.

“Other persons, however, found this trust plan a convenient one, and

it is alleged that it has been adopted for and adapted to purposes

quite different from those which actuated the framers of this trust.

Whether these allegations be true or false, it is true that a trust

is now defined to be a combination to suppress competition and to

reduce production, and to increase prices. Public opinion has not

unwisely been aroused against combinations for such purposes, and

legislation of more or less severity, and rather more or less

peculiarity, has been directed against them in seventeen or eighteen

states of the Union. All such arrangements are now miscalled trusts,

and all trusts are popularly supposed to partake of the same nature.

For this reason, if for no other, it should be seriously considered

whether this trust should not be terminated. So long as it exists,

misconception of its purposes will exist.

“But another reason exists which seems to make it desirable to

dissolve this trust. Some two years ago a _quo warranto_ issued in

the name of the state of Ohio against the Standard Oil Company, a

corporation of the state of Ohio, setting forth this trust agreement

and alleging that that corporation, by becoming a party thereto, had

done an act beyond its power, and thereby had forfeited its charter.

The defendant corporation denied that it was a party to the

agreement, and alleged that the agreement was on its face, and

plainly, an agreement only between individuals, owners of corporate

stocks, relating to their personal property, and was neither made by

the corporation nor for the corporation. The court, however, held

that the agreement was a corporate agreement, and decreed, among

other things, that the corporation must cease to permit trustees to

vote upon stocks held in trust.

“As this agreement was not entered into as a corporate agreement,

and as this decision gives it an effect quite different from the

intent of the parties who entered into it, it seems better to end

it.”[132]

It is probable that Mr. Dodd had foreseen from the first just such an

attack on his agreement as had come, for he had put into that instrument

a paragraph providing for a dissolution, and it was in accordance with

that article that the trust was now dissolved. The trustees were to

continue to exist—under a new name: “Liquidating trustees.” The property

they had to take care of was vastly in excess of what it had been ten

years before. Then the capital of the thirty-nine constituent companies

was $70,000,000. These companies had been combined until they had been

reduced to twenty, and their combined capital was now $102,233,700.[133]

Property of about $20,000,000 in excess of the capital was held by the

trustees. Mr. Dodd’s resolution provided for the division of this

property, and for the transfer of the trust certificates back to the

corporations to which they belonged. The individual holders of the trust

certificates were to get in exchange a proportionate share in each of

the twenty companies. “A will not get stock in one corporation and B in

another; each will get his due proportion in the stocks of all,” said

Mr. Dodd. All of this change would make no difference with the

management of affairs. Mr. Dodd assured the stockholders: “Your

interests will be the same as now. The various corporations will

continue to do the same business as heretofore, and your proportion of

the earnings will not be changed.”

The trustees went about liquidating at once, but it was not until the

following November that the immense number of certificates held by them

personally were exchanged. The process followed can be easily

illustrated by Mr. Rockefeller’s case. When the trust was ordered

dissolved Mr. Rockefeller held 256,854 of the 972,500 shares of Standard

Oil Trust which were out. He turned over to an attorney an assignment of

this amount, with instructions to secure from each of twenty companies

in the trust stock certificates for the portion belonging to him. The

corporate stocks were turned over to Mr. Rockefeller, and the assignment

of certificate, a properly framed and numbered document, was turned over

to the liquidating trustees. This assignment of legal title, for all

practical purposes, was the same thing as the trust certificate. It

enabled the trustees to collect dividends from the various companies and

pay them just as they had before. The documents showing the formal

procedure in the case of Mr. Rockefeller’s stocks are printed in the

Appendix.[134]

At the end of the first year, after the dissolution of the trust,

477,881 shares were uncancelled. At the end of the second year it was

the same; at the end of the third, 477,881 were still out. At the end of

the fourth, 477,881. The dissolution of the trust seemed to have come to

a stand-still. Mr. Dodd was right; things were going on as they did

before; dividends were issued exactly as before. Nor was there any

indication of an intention on the part of the liquidating trustees to

change this state of things. If the monopolistic power of the Standard

Oil Trust was to be broken, it was evidently not to be by any order of

dissolution by the courts. Something more powerful than the courts was

at work, however. The spirit of individualism was beginning to reassert

itself in the oil industry—a new war for independence had been begun,

was indeed well under way even before the state of Ohio made the

dissolution of the trust necessary.

CHAPTER FIFTEEN

A MODERN WAR FOR INDEPENDENCE

PRODUCERS’ PROTECTIVE ASSOCIATION FORMED—A SECRET INDEPENDENT

ORGANIZATION INTENDED TO HANDLE ITS OWN OIL—AGREEMENT MADE WITH

STANDARD TO CUT DOWN PRODUCTION—RESULTS OF AGREEMENT NOT AS

BENEFICIAL TO PRODUCERS AS EXPECTED—PRODUCERS PROCEED TO ORGANISE

PRODUCERS’ OIL COMPANY, LIMITED—INDEPENDENT REFINERS AGREE TO

SUPPORT MOVEMENT—PRODUCERS AND REFINERS’ COMPANY FORMED—LEWIS EMERY,

JR.’S, FIGHT FOR SEABOARD PIPE-LINE—THE UNITED STATES PIPE

LINE—STANDARD’S DESPERATE OPPOSITION—INDEPENDENT REFINERS ALMOST

WORN OUT—THEY ARE RELIEVED BY FORMATION OF PURE OIL

COMPANY—PURE OIL COMPANY FINALLY BECOMES HEAD OF INDEPENDENT

CONSOLIDATION—INDEPENDENCE POSSIBLE, BUT COMPETITION NOT RESTORED.

John D. Rockefeller’s one irreconcilable enemy in the oil business has

always been the oil producer. There is no doubt that Mr. Rockefeller has

sincerely deplored this. And well he might, for he learned in his first

great raid on the industry in 1872 that the producers aroused and united

made a powerful and dangerous foe.

No doubt, if it had been practical, Mr. Rockefeller would have begun at

the start to take over oil production as he did oil refineries and

pipe-lines, and thus would have gotten his enemy out of the way; but

during the first fifteen years of his work it was not practical. The oil

fields were too vast and undefined. It not being practical to own the

oil fields, and yet essential that those who did own them, and of whose

oil he aspired to be the only buyer, should be kept sufficiently

satisfied not to interfere with his domination or to attempt to handle

the oil for themselves, Mr. Rockefeller, whenever he had the chance,

sought to persuade the producers to do what he would have done had he

owned the oil fields—that was, to keep the supply of crude oil short.

“The dear people,” he said once when asked by an investigating committee

if his monopoly of oil refining and oil transportation had not prevented

the producer from getting his full share of the profits—“the dear

people,” he said, “if they had produced less oil than they wanted, would

have got their full price; no combination in the world could have

prevented that, if they had produced less oil than the world

required.”[135]

It is quite possible that if Mr. Rockefeller had been able to convert

the majority of the producing body to this theory, and the supply of

crude oil had been kept scarce and prices consequently high, the oil

producers would have forgotten their resentment at his early raids and

would have relapsed into indifference toward his control. Material

prosperity is usually benumbing in its effects. There always has been a

factor in the great game playing in the Oil Regions, however, which not

even Mr. Rockefeller could match. Nature has been in the oil game, and

she has taken pains to prevent the only situation which would have

enabled Mr. Rockefeller to reconcile the oil producers. Again and again

when it seemed as if the limits of oil production were set, and when Mr.

Rockefeller and his colleagues must have believed that they would soon

have the industry sufficiently well in hand to pay the producers a

satisfactory price for crude oil, their calculations have been upset by

the discovery of a great deposit of oil which flooded the market and put

down the prices. This happened so often between Mr. Rockefeller’s first

public appearance in the business and the time when he completed his

control of transportation, refineries and markets, that the yearly

production of crude oil had risen from five and a half million barrels

to thirty million barrels, and instead of a half million barrels above

ground in stocks there were in 1883 over thirty-five million barrels, in

1884 nearly thirty-seven million, in 1885 thirty-three and a half

million. The low price for crude which these vast stocks caused, the

high charges for gathering, transporting and storing, all services out

of which the Standard was making big profits, the fact that the profit

on refined oil steadily increased in these years—the result of the

overthrow of independent refiners and pipe-lines—while the profit on

crude steadily diminished, were facts which the oil producers brooded

over incessantly, and the more bitterly because they felt they could do

nothing to help themselves. Every enterprise looking to relief which

they had undertaken had, for one reason or another, failed. They had no

faith that relief was possible. The Standard would never allow any

outside interest to get a foothold. It was the bitterness which this

conviction caused which was at the bottom of the outburst over the

Billingsley Bill described in Chapter XIII. The Billingsley Bill was

defeated, as it deserved to be, but the work done was by no means lost.

For the first time since 1880 the Oil Regions were aroused to concerted

action. The support of the Billingsley Bill had been a spontaneous

movement, a passionate, unorganised revolt against the tyranny of the

Standard, but it served to bring into action men who for six long years

had been saying it was no use to resist, that Mr. Rockefeller’s grip was

too strong to be loosened. It revived their confidence in united action

and steeled them to a determination to take hold of the industry and

force into it again a fair competition in handling oil.

On the very night after the defeat of the bill (April 28, 1887) the oil

men who had gathered in Harrisburg to support the measure, angry and

sore as they were, arranged to call an early meeting in Oil City and

organise. The meeting was held. It was large, and it was followed by

others. In a very short time 2,000 oil men were enrolled in a Producers’

Protective Association, and thirty-six local assemblies were holding

regular meetings throughout the region. There were several important

points about the new association, aside from the enthusiasm and

determination which animated it:

(1) It was a secret order.

(2) Its membership was composed entirely of persons outside of and

opposed to the Standard Oil Trust, one of its by-laws reading: “No

person connected with the Standard Oil Company or any of its allies, as

partners, stockholders, or employees, and friendly thereto, shall be

elected to membership; and members becoming such shall be liable to

expulsion.”

(3) It proposed “to defend the industry against the aggregations of

monopolistic transporters, refiners, buyers and sellers” by _handling

its own oil_.

Hardly had the Producers’ Protective Association been organised before

Mr. Rockefeller had an opportunity to try his plan for conciliation. An

independent movement had been started in the summer of 1887 by certain

large producers in favour of a general “shut-down,” its object, of

course, being to decrease the oil stocks. The president of the

Producers’ Association, Thomas W. Phillips, who at that time was the

largest individual producer in the oil country, his production averaging

not less than 6,000 barrels a day, was called into consultation with the

leaders of the “shut-down” movement. Mr. Phillips promptly told the

gentlemen interested that he would not join in such an undertaking

unless the Standard went into it. He pointed out that the Standard owned

a large proportion of the 30,000,000 barrels of oil above ground. They

had bought it at low prices. If the production was shut down prices

would go up and the Standard would reap largely on the oil they owned.

The producers would, as usual, be standing all the loss.

The upshot of the council was that the Producers’ Protective Association

took hold of the shut-down movement, its representative seeking an

interview with the Standard officials as to their willingness to share

in the cost of reducing the production. Here was a chance for Mr.

Rockefeller to apply his theory of handling the oil producers—conciliate

them when possible—encourage them in limiting their production. The oil

men’s representatives were met half-way, and an interesting and curious

plan was worked out; the producers were to agree to limit their

production by 17,500 barrels a day. They were to do this by shutting

down their producing wells a part or all of the time and by doing no

fresh drilling for a year. If they would do this the Standard agreed to

sell the association 5,000,000 barrels of oil at sixty-two cents, and

let them carry it at the usual rates as long as they wanted to. Whatever

advance in price came from the shut-in movement the producers were to

have on their oil, and it was to be shared by them according to the

amount each shut in his production. Mr. Phillips, before agreeing to

this arrangement, demanded that provision be made for the workingmen who

would be thrown out of employment by the shut-down, and he proposed that

the association set aside for their benefit 1,000,000 barrels of the oil

bought from the Standard, and that the Standard set aside another

million; all the profits above sixty-two cents and the carrying charges

on the 2,000,000 barrels were to go to the workingmen. A memorandum

covering the above points of the agreement was drawn up, and it was

accepted by the two interests represented.[136]

Mr. Rockefeller’s reason for signing the contract he gave to the New

York State Trust Investigating Committee four months later:

_Q._ ... What was the inducement for the Standard Oil Trust to enter

into such an agreement as that?

_A._ The inducement was for the purpose of accomplishing a

harmonious feeling as between the interests of the Standard Oil

Trust and the producers of petroleum; there was great distress

throughout the oil-producing region; as an instance of that distress

there was an outcry that our interest was getting a return, that

theirs was not in the business, and we did not know, as a matter of

fact, that the oil-producing interest was abnormally depressed, and

we felt it to be to the interests of the American oil industry that

a reasonable price should be had by the producer for the crude

material, and we wanted to co-operate to that end.

_Q._ By advancing the price of the crude material you necessarily

advance the price of the refined?

_A._ Yes, sir.[137]

The shut-down went into effect the first of November, 1887. The effect

on stocks and the market was immediate—stocks fell off at the rate of a

million barrels a month, and prices rose by January, 1888, some twenty

cents. But at the end of the year, though oil was higher and stocks

considerably less, the benefits of the shut-down had not been

conspicuous enough to produce that “harmonious feeling” Mr. Rockefeller

so much desired; not sufficient to distract the minds of the producers

from the idea they had in forming their association, and that was a

co-operative enterprise for taking care of their own oil. Throughout

1888 and 1889 two schemes, known as the Co-operative Oil Company,

Limited, and the United Oil Company, Limited, were under consideration.

By the end of the latter year it looked as if something could be done

with the second, and it was turned over by the executive board of the

association to a special committee, of which H. L. Taylor, of the Union

Oil Company, one of the largest and oldest producing concerns of the Oil

Regions, was chairman. How Mr. Taylor had succeeded in getting into the

Producers’ Protective Association it is hard to say, for it was he and

his partner, Mr. Satterfield, who in 1883 had tried to throw the

Tidewater Pipe Line into the hands of the Standard Oil Company, and who,

when that unworthy scheme failed, had sold their stock to the Standard,

thus giving that company its first holdings in the Tidewater.[138] The

independents had forgotten or overlooked this fact, for Taylor was a

member of the Producers’ Protective Association and prominent in its

councils.

The special committee, of which Mr. Taylor was chairman, went actively

to work. Lawyers were employed to consider the safest form of

organisation for a company doing an interstate pipe-line business and

carrying on refineries. Certain German capitalists, owners of tank

steamers and interested in foreign marketing agencies, were brought into

the scheme. Things were going well, when suddenly the committee found

the chairman cooling toward the enterprise. Then came the rumour that

Mr. Taylor and his partners—Mr. Satterfield and J. L. and J. C.

McKinney—had sold the Union Oil Company to the Standard. A meeting of

the executive board was at once called, Messrs. Taylor and J. L.

McKinney both being present. They acknowledged the truth of the report

and were promptly informed their resignations would be accepted.

The rumour of the secret desertion of strong members of the Producers’

Protective Association, while holding positions of trust, soon spread

through the Oil Regions. It was a staggering blow. It took from them one

of the largest single interests represented. It deprived them of men of

ability on whom they had depended. It introduced a fear of treachery

from others. It brought them face to face with a new and serious element

in the oil problem—_the Standard as an oil producer_. Up to 1887, the

year of the organisation of the Producers’ Protective Association, Mr.

Rockefeller had not taken his great combination into oil production to

any extent, and wisely enough from his point of view. It was a business

in which there were great risks, and as long as he could control the

output by being its only buyer, why should he take them? Now, however,

the situation was changing. A number of sure fields had been

developed—Bradford, Ohio, West Virginia. Their value was depressed by

over-production. Mr. Rockefeller had money to invest. The producers were

threatening to disturb his control by a co-operative scheme. It was

certain that he had not yet produced a “harmonious feeling.” It was not

sure he would. If he failed in that they might one day even shut off his

supply of oil, as they had done in 1872, and Mr. Rockefeller, with great

foresight, determined to become a producer. In 1887 he went into Ohio

fields. Soon after he began quietly to buy into West Virginia. When he

learned, in 1890, from Mr. Taylor and his partners, that a co-operative

company of producers was on foot, he naturally enough concluded that the

best way to dismember it was to buy out the largest interest in it. The

Union Oil Company saw the advantage of being a member of the Standard

Oil Trust, and sold. In this one year, 1890, over 40,000 shares of

Standard Oil Trust certificates were issued to oil-producing

companies,[139] as follows:

For stock of Union Oil Company 18,249 shares

For stock of Forest Oil Company 17,378 〃

For stock of North Pennsylvania Oil Company 2,647 〃

For stock of Midland Oil Company 2,000 〃

——————

40,274 〃

There was general consternation in producing circles, and if there had

not been a number of men in the organisation who realised that the life

of the independent effort was at stake, and who turned all their

strength to saving it, the association would undoubtedly have gone to

pieces. Chief among these men were Lewis Emery, Jr., and C. P. Collins,

of Bradford, Pennsylvania; J. W. Lee and David Kirk, of Pittsburg; A. D.

Wood, of Warren; Michael Murphy, of Philadelphia; Rufus Scott, of

Wellsville; J. B. Aiken, of Washington; R. J. Straight, of Bradford;

Roger Sherman and M. W. Quick, of Titusville. They urged an immediate

meeting of the General Assembly, at which a plan for co-operative action

should be adopted and at once put into force.

On January 28, 1891, the General Assembly convened at Warren,

Pennsylvania. The whole miserable story of the co-operative plan which

the executive board had worked out, and its destruction by the desertion

of the Union Oil Company, came out. It was at once evident that, instead

of disheartening the Assembly, it was going to harden their

determination and spur them to action; that they would not leave Warren

until they had something to work on. The session lasted three days, and

before finally adjourning it had adopted a drastic plan, framed by a

committee of nine, of which Mr. Quick was chairman. This plan aimed, so

the resolution adopted by the Assembly stated, _to cut off the supplies

of the producers’ oil from the Standard Trust!_ This was to be

accomplished by forming a limited partnership, whose subscribers should

all be trusted members of the Producers’ Protective Association (only

persons having no affiliation with the Standard Oil Company were members

of the Producers’ Protective Association, it will be remembered), and

which should aim to take care of the crude oil from the wells of the

producers who went into the movement, furnish it local transportation,

and find a market for it either by building independent refineries or by

alliance with those already in existence.

[Illustration:

MICHAEL MURPHY

The present President of the Pure Oil Company.

]

[Illustration:

JAMES W. LEE

The chief counsel of the Pure Oil Company. President of the company

from 1897 to 1901.

]

[Illustration:

DAVID KIRK

The first President of the Pure Oil Company.

]

[Illustration:

THOMAS W. PHILLIPS

A leader in the independent movement, which resulted in the Pure Oil

Company.

]

From Warren the delegates went home to work for the new scheme. J. W.

Lee and J. R. Goldsborough, the secretary of the association, at once

made a tour of the Oil Regions to explain the project and solicit

subscriptions. The response was immediate. In a few weeks over 1,000

producers had subscribed to the new company, which was at once organised

as the Producers’ Oil Company, Limited, its capital being $600,000.

But it is one thing to organise a company, and another to do business.

Where were they to begin? Where to set foot? The only thing of which

they were sure was a supply of crude oil, and in order to take care of

that they began operations by putting up four iron tanks at Coraopolis,

Pennsylvania, near the rich McDonald oil field. But they must have a

market for it, and their first effort was to ship it abroad. At Bayonne,

New Jersey, on the border of the territory occupied by the Standard’s

great plant, stands an independent oil refinery, the Columbia Oil

Company. The Columbia has “terminal privileges,” that is, a place on the

water-front from which it can ship oil—an almost impossible privilege to

secure around New York harbour. The Producers’ Oil Company now obtained

from Hugh King, the president of the Columbia, the use of his terminal.

They at once had fifty tank-cars built, and prepared to ship their crude

oil, but the market was against them, stocks were increasing, prices

dropping. The railroad charged a price so high for running their cars

that there was no profit, and the fifty tank-cars were never used in

that trade. A futile effort to use their crude oil as fuel in Pittsburg

occupied their attention for a time, but it amounted to nothing. It was

becoming clearer daily that they must refine their oil. The way opened

to this toward the end of their first year.

In and around Oil City and Titusville there had grown up since 1881 a

number of independent oil refineries. They had come into being as a

direct result of the compromise made in 1880 between the producers and

the Pennsylvania Railroad, a clause of which stipulated that thereafter

railroad rates should be open and equal to all shippers. The

Pennsylvania seems to have intended at first to live up to this

agreement, and it encouraged refiners in both the Oil Regions and

Philadelphia to establish works. At first things had gone very well.

There were economies in refining near the point where the oil was

produced, and so long as the young independents had a low rate to

seaboard for their export oil they prospered. But in 1884 things began

to change. In that year the Standard Pipe Line made a pooling

arrangement with the Pennsylvania Railroad, by which rates from the Oil

Regions were raised to fifty-two cents a barrel, an advance of seventeen

cents a barrel over what they had been getting, and in return for this

raise the Standard agreed to give the railroad twenty-six per cent. of

all the oil shipped Eastward, or pay them for what they did not get.

This advance put the independents at a great disadvantage. In September,

1888, another advance came. Rates on oil in barrels were raised to

sixty-six cents, while rates on oil in tanks were not raised. The

explanation was evident. The railroad owned no tank-cars, but rented

them from the Standard Oil Company. It refused to furnish these

tank-cars to the independents, but forced them to ship in barrels, and

now advanced the price on oil in barrels. This second advance was more

than the refiners could live under, and they combined and took their

case to the Interstate Commerce Commission, a hearing being given them

in Titusville in May, 1889. No decision had as yet been rendered, and

they in the meantime were having a more and more trying struggle for

life, and their exasperation against the Standard was increasing with

each week. When, therefore, the representatives of the Producers’ Oil

Company proposed a league with the independent refiners they were

cordially welcomed.

We have oil in tanks at Coraopolis, said the producers, plenty of it,

but we have no market. If we build a pipe-line from our tanks to Oil

City and Titusville and give you pipage at fifteen cents a barrel,

five cents less than the Standard charges, will you enter into an

agreement with us to take our oil for five years? The refiners saw at

once the possible future in such an arrangement, and in a short time

they had gone individually into a company to be called the Producers’

and Refiners’ Company, with a capital of $250,000, of which the

Producers’ Oil Company held $160,000, and whose object was the laying

of a pipe-line from the fields in which the producers were interested

to the refineries at Oil City and Titusville. The new plan was carried

out with the greatest secrecy and promptness. Before the Standard men

in the region realised what was going on, a right of way was secured

and the pipe was going down. On January 8, 1893, the first oil was

run. Here, then, was the first link in a practical co-operative

enterprise—independent producers and refiners of oil joined by a

pipe-line of which they were the owners.

While this enterprise was being carried out in Western Pennsylvania, in

the northern part of the state a still more ambitious, independent

project was under way, nothing less than a double pipe-line, one for

refined and the other for crude oil, from the Oil Regions to the sea.

This plan had originated with Lewis Emery, Jr., one of the most

implacable and intelligent opponents Mr. Rockefeller’s pretensions have

ever met. Mr. Emery sympathised with the idea that there was no way for

the producer to get his share of the profits in the oil business except

by handling the product entirely himself. In his judgment a pipe-line to

the seaboard was the first important link in such an attempt, and in

1891, on his own responsibility, he set out to see what hopes there were

of securing a right of way. The Columbia Oil Company, through whom the

Producers and Refiners were exporting, favoured such a scheme. It was

certain many producers would go into it; but on all sides there was much

scepticism about the Standard allowing a line to go through. Mr. Emery’s

first idea was a line from Bradford to Williamsport, on the Reading

road. He consulted the railroad officials. They would be glad of the

freight, they told him, and a preliminary contract was drawn up. The

contract was never completed. Mr. Emery returned to find out why. “If we

give you this contract,” the Reading officials told Mr. Emery, “we shall

disturb our relations with the Standard Oil Trust. We cannot do it.”

Turning from the Reading, he projected a new route, a pipe-line from

Bradford to the New York, Ontario and Western Railway near Hancock, New

York, thence by rail to the Hudson River, and from there by water to New

York harbour. The New York, Ontario and Western officials welcomed the

proposal. It gave them a new and valuable freight. But the pipes must

cross the Erie road near both its terminals. Mr. Emery saw the president

of the road. “Yes,” the president told him, “we are disposed to assist

all progress. Go ahead.” Thus encouraged, he sent his men into the field

to get the right of way. They had made a good beginning before the

project was known, but as soon as it was rumoured there appeared

promptly on the route surveyed a number of men known to be Standard

employees. They, too, wanted a right of way, the same as Mr. Emery

wanted. They bought strips of land across his route, they bought up

mortgages on farms where rights had already been acquired, and, mortgage

in hand, compelled farmers to give them rights. It was an incessant

harassing by men who never used the rights acquired—who did not want

them save to hinder the independent project. This sort of hindrance by

the Standard was certain, whatever route was taken, and Mr. Emery went

ahead undismayed, and in September, 1892, organised his company—the

United States Pipe Line Company—with a capital of $600,000. Among the

incorporators were representatives of the independents’ interests, both

in New York and in the Oil Regions, and much of the stock was soon

placed in the hands of the men who were interested in the independent

concerns described above.

It looked very much as if the United States Pipe Line were to be laid.

Now, the strength of the Standard Oil Trust had always been due to its

control of transportation. An independent pipe-line, especially to the

seaboard, was considered rightly as a much more serious menace to its

power than an independent refinery. The United States Pipe Line could

not be allowed, and prompt and drastic measures were taken to hinder its

work. There is no space here for an account of the wearisome obstructive

litigation which confronted the company, for the constant interference,

even by force, which followed them for months. It culminated when an

attempt was made to join the pipes laid to each side of the Erie tracks

near Hancock, New York, the Eastern terminal of the pipe-line. Mr.

Emery, relying on the promise of the Erie’s president to allow a

crossing, sent his men to the railway to connect the pipes. Hardly had

they arrived before there descended on them a force of seventy-five

railroad men armed for war. These men took possession of the territory

at the end of the pipes and intrenched themselves for attack. The

pipe-line men camped near by for three months, but they never attempted

to join the pipes. Mr. Emery had concluded, on investigation, that the

Erie officials, like the Reading, had found that it would be unwise to

disturb their relations with the Standard, and while his men were

keeping attention fixed on that point he was executing a flank movement,

securing a right of way from a point seventy miles back to Wilkesbarre,

on the Jersey Central. This new movement was executed with such celerity

that by June, 1893, the United States Pipe Line had a crude line 180

miles long connecting the Bradford oil fields with a friendly railway,

and a refined line 250 miles long connecting the independent refiners of

Oil City, Titusville, Warren and Bradford with the same railway.

With the completion of the refined line a question of vital importance

was to be settled: Could refined oil be pumped that distance without

deteriorating? The Standard had insisted loudly that it could not. When

the day came to make the experiment an anxious set of men gathered at

the Wilkesbarre terminal. They feared particularly that the oil would

lose colour, but, to their amazement, not only was the colour kept, but

it was found on experiment that the fire test was actually raised by the

extra agitation the oil had undergone in the long churning through the

pipes. A new advance had been made in the oil industry—the most

substantial and revolutionary since the day the Tidewater demonstrated

that crude oil could be pumped over the mountains. This new discovery,

it is well to note, was not the work of the Standard Oil Trust, but it

was accomplished in the face of their ridicule and opposition by men

driven to find some way to escape from their hard dealings.

The success of the United States refined line aroused the greatest

enthusiasm among the independent interests. It gave them access to the

seaboard, and there was immediate talk of a closer union between them.

Why should the Producers’ and Refiners’ Pipe Lines not be sold to the

United States Line and completed to Bradford? By the spring of 1894 the

project seemed certain of realisation.

The new movement was serious. Let this consolidation take place, and the

producers had exactly what they had set out in 1887 to build up—a

complete machine for handling the oil they produced. As the undertaking

grew in solidity and completeness, the war upon it grew more systematic

and determined. It took two main lines—discrediting the enterprise in

the eyes of stockholders so that they would sell the stock to Standard

buyers, the object being, of course, to get control of the companies;

cutting the refined market until the refiners in the alliance should

fail, or, becoming discouraged, sell. The work of discrediting the

enterprise was turned over to the Standard organs in the Oil Regions,

chief among which is the Oil City Derrick. Since 1885 the editor of this

interesting sheet has been a picturesque Irishman, Patrick C. Boyle by

name. Mr. Boyle’s position as editor and proprietor of the Derrick is

due to the generosity of the Standard Oil Trust, and he has discharged

his allegiance to his benefactor with a zeal which, if it has not always

contributed to the enlightenment of the Oil Regions, has, materially, to

its gaiety. Mr. Boyle now turned all his extraordinary power of

vituperation on three of the independents whose activity was

particularly offensive to him—Mr. Emery, Mr. Wood and Mr. Lee—and he

went so far that each of the three gentlemen finally sued him for libel.

They all got judgments. In Mr. Emery’s case, Mr. Boyle, after signing a

bond of $5,000 to keep the peace—which bond he was obliged later to pay,

with half as much more in costs—published the following retraction:

TO THE PUBLIC

For many years past there have appeared in the editorial and news

columns of the Oil City Derrick various articles reflecting on the

business, social and political character and integrity of Lewis

Emery, Jr.

P. C. Boyle, the editor of the Derrick, was indicted and convicted

for the publication of certain of such articles, and civil suit for

damages was instituted by Mr. Emery against P. C. Boyle for damages

for such publications.

The litigation has now been adjusted, and Mr. Boyle voluntarily

retracts _in toto_ all matters and things which he has said

derogatory to the character, standing, or responsibility of Lewis

Emery, Jr., published by him or under his direction in the past.

Mr. Boyle is fully satisfied that such articles have been published

under a misapprehension of the facts, and is satisfied that Mr.

Emery has been wronged, and should be vindicated, and this

retraction is freely made as such.

Many of the articles have been republished in various papers in this

country and Europe, and it is the desire of Mr. Boyle that this

retraction shall be as freely and fully printed and published as

were the original articles reflecting on Mr. Emery.

(Signed) P. C. BOYLE.

It is a satisfaction to the writer to be able to help gratify Mr.

Boyle’s laudable desire to have this document well circulated!

Although the greater part of the Oil Regions never took Mr. Boyle

himself seriously, the conviction that his attacks were inspired, that

this was the Standard’s way of saying to the producers that their

enterprise would not be allowed to live, gave a sinister look to what he

said. More damaging still was the quiet confidence with which the solid

men of the Standard smiled at the independent effort. What were their

puny hundreds compared to the millions of the trust? What was a band of

scattered “oil-shriekers” against the cold-blooded deliberation of Mr.

Rockefeller’s solid phalanx? The oil men were conscious enough of the

inadequacy of their capital and their organisation, but they hung on,

many of them because their blood was up, and they preferred spending

their last cent to yielding; others on the principle which Mr. Phillips

confesses held him, “that God sometimes chooses the weak things of the

world to confound the mighty”; or that “one might chase a thousand, and

two put ten thousand to flight.”

The efforts which the Standard made to discredit the independent

companies and their leaders were accompanied by a persistent, though

quiet, attempt of Standard agents to buy in all the stock in the

Producers’ Oil Company and the United States Pipe Lines which timid,

indifferent, or financially embarrassed stockholders could be induced to

give up. The movement began to be rumoured and caused no little

uneasiness in independent circles. How much would the Standard get? What

would they do with it? They were soon to find out.

Before the use to be made of the stock developed, however, the Standard

turned against the independents the most powerful and cruel weapon it

wields—its control of the markets. The refiners were to be driven from

the combination. The extent to which cutting was carried on for two

years, beginning with the fall of 1893, is clear from a comparison of

prices. In January of 1893 crude oil was selling at 53½ cents a barrel

and refined oil for export at 5.33 cents a gallon. Throughout the year

the price of crude advanced until in December it was 78⅜ cents. Refined,

on the contrary, fell, and it was actually eighteen points lower in

December than it had been twelve months before. Throughout 1894 the

Standard kept refined oil down; the average price of the year was 5.19

cents a gallon, in face of the average crude market of 83¾

cents[140]—lower than in January, 1893, with crude at 53½ cents a

barrel!

This much for the New York end of the export business. In Germany, where

the export oil of the independents all went, it being handled there by

one dealer, Herr Poth, whose depot was Mannheim, on the Rhine, prices

were cut at every point which the independent oil reached. It was a

matter of life and death to keep the foreign market they had developed,

and for twenty months the independent refiners met the demand of their

export agents and foreign dealers for lower prices with cut cargoes. For

twenty months they lost money on every barrel they sold. Oil was sold by

the Titusville refiners as low as 1.98 cents a gallon. The Lewis Emery

works at Bradford sold one cargo at 1.07 cents net, and many at or below

two cents. Had it not been for the union with pipe-lines such prices

would have been impossible, but all through the struggle in the market

the United States Pipe Line and the Producers’ and Refiners’ lines

carried oil at cost or below. The pipe-lines were heavily in debt to the

Reading Iron Works, but that company stood by them valiantly, extending

their notes until the struggle was over and the pipe-lines able to meet

them.

Such a situation could not go on forever, evidently. It had come

apparently to be a question of how long the refiner had money to lose,

and, as month after month the independents saw their bank accounts

diminishing, and no relief in sight, the courage of a few began to ooze.

Finally, late in 1894, a committee of the Western refiners, consisting

of John Fertig of Titusville, H. P. Burwald of Titusville and S. W.

Ramage of Oil City, went to New York to consult the Standard. Is there

no hope of a better market? Is there any chance for us? None whatever,

they were told, except to sell. We will buy the refineries and the stock

of the independent concerns, but that is all we can do. The committee

came home to report. The situation was hopeless, they said, and, as for

them, they should sell. As they represented three of the largest

concerns in the Union, and all carried stock in the allied enterprises,

their withdrawal seemed at the moment a death-blow. It was a glum and

beaten body of men which listened to the report, surrender written in

every line of their faces.

Now Mr. Lee and Mr. Wood, two active men of the Producers Oil Company,

had been invited to the meeting of the refiners. They realised fully

that if the refiners pulled out of the Union now, the independent effort

would in all probability go to pieces, and before a vote to sell could

be taken Mr. Lee was on his feet. In an impassioned speech he pleaded

for one more effort. He pointed out the fact that the abnormal condition

of the oil market could not remain, that crude oil was steadily rising,

and that no monopoly could permanently hold down a manufactured product

in the face of the rising raw product. The Standard had done this for

nearly two years—but it was contrary to the laws of nature that they do

it for two years more. He told them that already conditions were better

in Germany; that Mr. Emery had recently gone with Herr Poth, their

foreign buyer, to several members of the German government, and

presented to them the discrimination in prices of oil practised in the

empire, oil from one and a half to three cents higher on the Elbe than

on the Rhine, at points where freights were the same. He told the

refiners of the interest that had been taken by the government in their

case, and how they said, “Go home, gentlemen, and this shall stop,” and

that it had stopped. If criminal underselling can be checked in Germany,

Mr. Lee argued, we can keep our market. He reminded the refiners that it

was not merely a business they were establishing; it was a cause they

were defending—the right of men to work in their own way without

unlawful interference. The honour not only of themselves but of the Oil

Regions was at stake. They were struggling for great principles. They

were demonstrating that pluck, patience, and energy and brains can

conquer any combination that ability and unscrupulousness can devise.

“Do not give in,” pleaded Mr. Lee. “Hold on, and we will go to the

producers, lay your plight before them, and raise money to keep up the

fight.”

Aroused by his plea, all of the refiners, excepting Messrs. Fertig,

Burwald and Ramage, who had seen the Standard, decided to make another

effort if the producers would help them out. In the next few days the

leading men of the independent alliance worked with fury to call the Oil

Regions into a mass-meeting. They travelled from assembly to assembly

exhorting to action; they circulated dodgers announcing the gathering,

and finally, in January, 1895, ran special trains to Butler, the

rallying place. There was no lack of enthusiasm and blunt talk at the

Butler mass-meeting. All the bitterness and determination of the region

poured forth against the Standard, and when a resolution was offered by

David Kirk, one of the most active and forceful of the independents, to

raise money to form a new company, to be called the Pure Oil Company,

its immediate object being to take care of the refiners in the tight

place where they were, it went through with a whoop, and in a few

moments $75,000 had been subscribed. A few days later this sum was

raised to $200,000.

The objects of the company, as set forth in its prospectus issued at

this time, were:

To maintain and uphold the inherent right to do business, the right

to transport and market the producer’s own product, and his right to

the just reward of his labour and capital invested.

Another clause of the prospectus is interesting:

To prevent any interference of that monopoly which has obtained

control of the oil business, the voting power of one-half of the

stock of the Pure Oil Company is placed by the owners in the hands

of five champions of this right of independence, who are bound by

the terms of a permanent trust bond to vote only for such men and

measures as shall forever make this company INDEPENDENT, so that no

sales of interest will carry with them any power to jeopardise the

policy or existence of the company, or the investments of its

remaining members.

The Pure Oil Company had been organised none too soon. It was but a few

months after it was well under way before a hurried meeting of the

independents was called in New York. With scared faces the members

learned that the German dealer, who for four years had been handling

ninety per cent. of their export oil, had sold to the Standard marketing

concern, the Deutsche-Amerikanische Company. Consternation was great.

The independents had depended on the loyalty of Herr Poth as they did on

that of each other. He had been enlisted in their cause by Mr. Emery,

who, with the tragic earnestness which had characterised his entire

struggle for independence, had asked him for an oath of loyalty, and,

hand on his heart, Herr Poth had pledged his faith. In every respect he

had served them loyally. His desertion was inexplicable and

disheartening. Later they learned the truth, that Herr Poth had been

informed, by what he supposed to be reliable authority, that the

American independent interests had sold to the Standard. Believing that

this would cut off his supply, he had turned over his concern to the

Deutsche-Amerikanische. A few weeks later Herr Poth died suddenly. The

story goes in independent circles that when he learned the truth he

literally died of grief, believing he had perjured himself.

Herr Poth’s sale left the independents in serious shape. They had

cargoes of oil ready for Europe and no tankage in Europe to take

it—nobody there to sell it. A meeting was at once called in Pittsburg to

raise money, and in a few days Mr. Emery and Mr. Murphy went abroad,

and, as quickly as such work could be done, they secured privileges in

Hamburg and Rotterdam to erect tanks and establish marketing stations.

The Pure Oil Company was in Europe. Once more the independents had been

driven to depend on themselves, and once more they had proved sufficient

to the emergency. But war was by no means over. With the establishment

of the Pure Oil Company came the foreshadowing of a still closer union

of the companies. At all hazards this was to be prevented. The Standard

determined to play the stock of the Producers’ Oil Company, Limited, and

the United States Pipe Line, which it had been picking up quietly.

Already one attempt had been made to get into the former concern through

one of the most conspicuous and successful producers of the oil

country—Colonel John J. Carter, of Titusville, the president of the

Carter Oil Company. Colonel Carter owned 300 shares of the stock of the

Producers’ Oil Company, Limited, and had been elected a member on it;

according to the rules governing limited partnership in Pennsylvania, a

stockholder must be elected to membership before he can vote his stock.

In February, 1894, when a union of the pipe-lines had first been voted,

he suddenly appeared in court and got an injunction against the sale. In

the hearings on the injunction there came out a fact in regard to

Colonel Carter which aroused a storm of wrath against him among the

independents. The Standard Oil Company owned sixty per cent. of the

Carter Oil Company! A harder fact was to be digested. On April 11, 1894,

the company met in Warren, Pennsylvania. Colonel Carter was present and

voted not only his 300 shares, but 13,013 more! Where had he got them?

There was but one conclusion, and it proved to be true—the 13,013

belonged to the Standard Oil Company. They had been _loaned_ to Mr.

Carter; there was a form of transfer, but no sale, not even a price

having been decided on—evidently in the hope that he, with a few other

stockholders who were disaffected, would control the meeting and prevent

the union of the pipe-lines. The attempt failed, for the Carter-Standard

faction succeeded in getting together only 21,848 shares, while the

independents held 30,560. The bitterness over this attack aroused

terrible excitement. More than one member of the Warren meeting shouted

“traitor” at Colonel Carter, and when the news of what happened reached

the Producers’ Protective Association there was a general demand that he

be expelled from the Titusville assembly. It was done promptly, Mr.

Carter not being given even a hearing.

The Standard took back its 13,013 shares and patiently went on picking

up more. By January, 1896, they held 29,764 shares, enough, with Colonel

Carter’s 300, to give them a clean majority. Colonel Carter appeared at

26 Broadway at this opportune moment and offered to buy the stock at

100. Mr. Archbold and his colleagues thought it worth 150. (They are

said to have paid as high as 220 for some of it.) Mr. Carter, in his

frank colloquial testimony when on the witness-stand, described the

conversation over the price:

“Mr. Archbold says, ‘I don’t know, John, but what you are asking us

to sell that stock too cheap. Don’t you think it is worth more

money?’ I says, ‘Not to me, it is not.’ I says, ‘I am willing to

start in on this thing and put it on a paying basis and pay par for

it.’ ‘Well,’ he says, ‘I guess that we will have to think that thing

over,’ and it dropped right there.”

There were several interviews between Mr. Archbold, Mr. Rogers and Mr.

Carter. They wanted to know how he proposed to run the Producers’ Oil

Company if he obtained a majority of the stock. “If I run that

pipe-line,” Mr. Carter reports himself as saying, “I am going to run it

according to law and business principles. Any man that wants oil of me,

and has the money to pay for it, shall have it.”

“Will you let Mr. Emery have some oil if he wants it?” asked Mr. Rogers.

“Yes, I will.” “And all the outside refiners?” “Yes, I will. I shall

make no discrimination against the outside refiner and in favour of the

Standard Oil Company, or _vice versa_.”

The Standard Oil seems to have been convinced that Colonel Carter was

their friend—they probably never had any doubt of their ability to

manage _him_, and it is evident from the Colonel’s testimony that _he_

never had any doubt about his own ability to manage both independents

and Standard—and the sale was made at 100, Colonel Carter giving his

check for $297,640 on the Seaboard Bank.

Stock in hand, Colonel Carter went back to the Oil Regions to take

possession. It was not so easy as he anticipated. The secretary refused

to transfer the stock. He sought the president, Mr. Lee. What took place

Colonel Carter himself told later on the witness-stand:

“Senator Lee and myself retired to my room in the hotel and we had

quite a preliminary conversation on the situation and in regard to

the Producers’ Pipe Line. Then I stated to him my ownership of the

majority of the stock of the Producers’ Oil Company, Limited, and

stated furthermore that I purchased it from the National Transit

Company; that my desire was to stop all contention on the part of

the producers and myself, to run the business on a business

principle, so that the stock belonging to the various members and

myself might pay something, instead of dragging its slow length

along as it had been for the past six years. I told him,

furthermore, that I was perfectly willing that he should elect what

portion of the directors that his stock would warrant him, and I

would elect those that I could. The Senator replied then: ‘You

propose to take charge of the association?’ ‘Yes,’ I said; ‘I did.’

The Senator then stated emphatically that I could not do it; he

would not permit it; if he had to spend the whole capital of the

company he would resist it.... He gave me to understand emphatically

that there was not anything except the management of the company by

himself and his associates that would be tolerated, and I told him

then I was sorry that I would have to go into court and determine my

rights in court. That was about all, but it is only fair,

furthermore, to say that at the time the Senator was rather warm,

and I presume I was warm in the collar myself. I stated to him

plainly that if there was any attempt to eject me from a legally

constituted meeting in which I was there, I would resist it if I

killed the man that attempted to put me out.”

Mr. Carter’s cool announcement that he meant to run the company “from a

business stand-point, and not from the stand-point of a gadfly”—there

seems to be a doubt about its being the producers who had played the

part of the gadfly—exasperated the independents to the last degree, and

in June, 1896, they met the colonel in court. His ownership of a

majority of the company’s stock was admitted, but it was urged by the

independents that the Producers’ Oil Company was a limited partnership,

and that under the Pennsylvania law no one owning stock can become a

member without being elected by a majority in number and value of the

interests. Colonel Carter had been elected member on only 300 shares.

Both the lower and supreme courts sustained the independents, and

Colonel Carter found himself an owner of a majority of the concern’s

stock without the right of control. Under those circumstances neither he

nor the Standard wanted the stock, and the company bought it below par.

The winning of the Carter case gave encouragement that a similar suit

brought by the Standard pipe-lines against the United States Pipe Line

might fail. As already noted, the Standard began to buy into that

company as soon as it was under way, and by the summer of 1895 they had

collected 2,613 shares. In August of that year the annual meeting of the

company was held, and the agent of the Standard Oil Company who had been

buying the stock, J. C. McDowell, presented himself prepared to vote. He

was stopped at the door by Michael Murphy, the present president of the

Pure Oil Company, and told emphatically that they considered that he was

sent there by the Standard Oil Company to spy on their actions; that,

legal or illegal, they would throw him out if he crossed the threshold.

Mr. Murphy is well known to be a man of his word, and as he was backed

by young and athletic independent stockholders, Mr. McDowell discreetly

withdrew. Naturally a suit followed, but this time the independents

lost. The United States Pipe Line, being a corporation, was obliged to

recognise the Standard interest in the concern and eventually to allow

them a director on its board.

The humiliation and disgust over this result shook the independents’

interests to their foundation. There perhaps was never a period of more

heart-breaking discouragement for many of the men than when they saw

their dearest hopes frustrated, and a Standard representative in their

councils. This defeat came, too, when they were smarting under a

continued and intolerable interference by the Standard with the

extension of their pipe-lines to the seaboard. That both the crude and

refined lines should ultimately reach the sea had, of course, been the

intention from the first. But it was not until 1895 that the company

felt firm enough in its finances to push the extension. The route laid

out was from Wilkesbarre to Bayonne, New Jersey, by way of Hampton

Junction, on the Jersey Central Railroad. By this course two railroads

were to be crossed, the Pennsylvania and the Delaware, Lackawanna and

Western. Under both of them ran the pipe-lines of the Standard and the

Tidewater, and the United States Pipe Line officials believed they had

an equal right to go under, but they took it for granted they would be

opposed, and prepared for it. Looking over the titles of the land along

the Pennsylvania, Mr. Emery, the president of the company, who was

personally directing the extension, found one for an acre; the owner did

not know of his possession and was glad to sell it. This gave the United

States people a crossing, but even then they were obliged to carry on a

long litigation in the courts before they were free to use their right.

Coming to the Delaware, Lackawanna and Western, they decided to test

their position by laying a pipe. It was promptly torn out. A farm over

which the railroad passed was then purchased and preparations made to

lay the pipe in a roadway under the tracks. As this road was some

seventeen feet below the rails, any claim that there was possible danger

from the oil seemed feeble. Knowing that the point was watched, Mr.

Emery tried strategy. Taking fifty men with him he went in the night to

the culvert under which he meant to cross, laid his pipes four feet

under ground, fastened them down with heavy timbers, piled rocks on

them, anchored them with chains, established a camp on each side of the

track, and prepared for war. They soon had it. First, with a body of

railroad men armed with picks and bars, who invaded the camp. “I told

the boys,” said Mr. Emery in describing the incident to the Industrial

Commission in 1899, “to take the men by the shoulders and the seat of

the pants, and take them out and lay them down carefully, which they

did.” The next day two wrecking-cars, with 250 men, came down the road

and charged the camp, but again they were routed. The matter was taken

by mutual agreement into court, and while Mr. Emery was before the

justice of the peace, two locomotives were run down and the camp

attacked with hot water and coals!

[Illustration:

LAYING A SIX-INCH PIPE LINE, CAIRO, WEST VIRGINIA

]

By this time the whole countryside was aroused. The unfairness of the

thing was so patent that even the railroad employees engaged in it did

not hesitate to say, in excuse of their employers, that it was the

Standard Oil Company which was at the bottom of the opposition! As for

the inhabitants, they offered any aid they could give. The local G. A.

R. sent forty-eight muskets to the scene of war. Mr. Emery bought

eighteen Springfield rifles, the camp was barricaded, and for seven

months the pipes were guarded while the courts were deciding the legal

title to the crossing.

This interim was employed by the pipe-line people in an attempt to get a

free pipe-line bill through the New Jersey Legislature. If this could be

done they could go under the Delaware, Lackawanna and Western without

its consent. The bill was introduced in February, 1896, J. W. Lee, Hugh

King and Lewis Emery, Jr., all appearing before the committee to argue

for it. At first there seemed to be no opposition to it. Everybody

agreed it was a just and proper measure. Then, suddenly, within a few

days of the end of the session, a violent opposition sprang up. Trenton

became alive with lobbyists—men well enough known to politicians. The

newspapers came out boldly with the charge that the railroads and

Standard were going to defeat the bill. Its friends could not believe

it, nor did they until they found, the morning it was to be presented,

that the Senator having it in charge had disappeared, taking with him

the bill and everything concerning it. Four days later the Legislature

adjourned, and the precious Senator, when next heard from, was in the

far West!

[Illustration:

TRUNK AND LOCAL PIPE LINES OF THE PURE OIL COMPANY.

There are two lines from Oil City to Marcus Hook, near Philadelphia,

one for crude and one for refined oil.

]

Deprived of this hope, and condemned to a litigation which was certain

to be made as long, as vexatious, and as costly as lawyers could make

it, the chief counsel of the United States Pipe Line, Roger Sherman,

advised a bold move—to bring suit against the Standard Trust under the

Sherman anti-trust law. The summons was issued in July, 1897, by John

Cunneen, of Buffalo. A very pretty list of wrongs it was of which the

plaintiff complained: the instigation of lawsuits and the causing of

injunctions without cause, and solely for the purpose of preventing the

independent line from doing business; the publishing of libellous matter

concerning the company and its officers in newspapers controlled by the

trust; engaging bodies of men to tear up parts of pipe-line already

laid; enticing away from the enterprise officers, agents and employees;

chartering or purchasing any vessels carrying independent oil, solely

for the purpose of interfering with the independent market; intimidating

merchants by threats of underselling until they refused to buy the oil

contracted for; criminal underselling solely for destroying the

plaintiff’s markets.

It was a serious case Mr. Sherman made out, and the evidence he

collected was elaborate and detailed. But, for a sad reason, it was

never to come to trial. Less than two months after the summons was

issued Mr. Sherman died suddenly in New York City. The shock of his

death was such that the independent companies had no heart for the suit,

but allowed it to lapse.

There was nothing now but the slow course of Jersey justice for the

United States Pipe Line, and for four long years it dragged itself

through the courts. Twice it won, but at last, in 1899, decisions of the

lower courts were reversed and the pipe-line had to come up. Ordered out

of New Jersey, the independents had to turn back to Pennsylvania. In

that state there is a free pipe-line bill. Philadelphia is a shipping

point. Luckily for the company, Mr. Murphy had, some time before this,

and in anticipation of a defeat in New Jersey, bought on his own

responsibility the land for a terminal at Marcus Hook, on the Delaware.

This terminal he now sold to the company at the nominal price he had

paid for it, and the United States Pipe Line was started again from

Wilkesbarre to the sea. Finally, on May 2, 1901, after nine years of

struggle in the face of an interference intolerable and unjust, after a

quarter of a million dollars spent in litigation, in useless surveys, in

laying and pulling up pipes, in loss of business, the first refined oil

ever piped from the Oil Regions to the seaboard reached Philadelphia.

Mr. Emery, in telling his story of the difficulties of the United Pipe

Line to the Industrial Commission in 1899, did not hesitate to attribute

them to the Standard Oil Trust. John D. Archbold made a “general

denial”: “We have not at any time had any different relations with

reference to any obstruction or effort at obstruction of their line

_than would attach to any competitor in a line of business engaging

against another_.”[141] “We asked our friends on the railroad and in the

New Jersey Legislature to look after our interests, of course,” a

Standard official told the writer in discussing this case. “That was our

right.” Mr. Boyle, the editor of the Derrick, took the stand before the

Industrial Commission that the Standard Oil Trust’s opposition to the

United States Pipe Line was merely fair competition, as justifiable as

offering a higher price for land which your competitor is after.

From the Standard point of view it is evident that all this is

legitimate business. They do not wish the United States Pipe Line to

reach New York. They say to their friends of the Delaware, Lackawanna

and Western, and in the Legislature of New Jersey: “These people are our

competitors.” Apparently neither the Delaware, Lackawanna and Western

nor the New Jersey Legislature can afford to forget who are the

competitors of the Standard Oil Trust. When the case becomes public and

clamour is raised against such methods, the Standard disclaims all

responsibility. It was the railroad who fought the pipe-line!

It was not only from without that trouble came upon these men. There

were the inevitable internal struggles. They saw their stockholders

diminish from discontent and timidity. One of their staunchest members

withdrew because of his disbelief in the wisdom of a majority action,

and twice they were robbed by death of their most valued members. In

December, 1895, A. D. Wood, of Warren, died. Mr. Wood had been one of

the most inspiring members in the independent work, and there was nobody

left who could do what he had been doing there. In 1897 the chief

counsel, Roger Sherman, died. He had conducted the enormous and

vexatious litigation of the various concerns with consummate skill, and

there was nobody to take his place. Mr. Emery, overwhelmed by the death

of Roger Sherman and worn out by his six years of work and worry over

the United States Pipe Line, fell ill and was obliged to resign. On

every side it was fight and loss and despair, and yet these men hardened

under it. Not only hardened, they expanded. Ten years after the

unorganised uprising which brought them together in 1887 and forced from

them the resolution to take care of their own product, what had they? A

company of nearly 600 individual oil producers organised on a business

basis, and connected by pipe-lines with some dozen individual oil

refineries. For transporting this oil they had pipe-lines carrying both

crude and refined from the Oil Regions to within fifty miles of the sea,

and for markets they had those they had themselves worked up in the

United States and Europe. They had something more. In spite of the

continued hostility of the Standard they had the conviction that there

was a future for their venture; but they saw clearly that to realise it

they must get themselves into still more compact form—that their

holdings must be put into the hands of trustees in a single company if

they were to be free from the danger of the eventual dominance of the

Standard. Now, in November, 1895, as we have seen, the independents had

incorporated in New Jersey a marketing concern called the Pure Oil

Company. After months of discussion it was decided to enlarge the

capital of this company to $10,000,000, $2,000,000 in preferred and

$8,000,000 in common stock, and put into this concern all their

interests. There was opposition to the consolidation from some of the

strongest interests concerned, but finally the idea prevailed, and in

1900 a majority of the stock of the Producers’ Oil Company, the

Producers’ and Refiners’ Company, and the United States Pipe Line was

turned over to the Pure Oil Company.

The purpose of the combination was frankly stated to be the maintenance

of the independence of the company. This was to be effected in the

following way: the holders of 16,000 shares of stock—more than a

majority—vested the voting power of these shares in fifteen persons for

twenty years, and it was agreed that one-half of all shares thereafter

subscribed should be transferred to those same trustees. Shares can be

sold and transferred, but this transfer does not give the purchaser any

right other than provided in the trust agreement. Any trustee may be

summarily removed by three-fifths of the trustees, together with

three-fifths of the shareholders in trust. It certainly looks as if the

Pure Oil Company has devised an organisation which will effectually

preserve its independence so long as its shareholders desire that

independence. Mr. Archbold, in describing this voting trust of the Pure

Oil Company to the Industrial Commission, called it “iniquitous.” It is

difficult to understand just how it is iniquitous, unless it is because

of its success so far in keeping the Standard out of its councils. It is

not a secret arrangement. It aims at no monopoly, at no restraint of

trade. It claims only to be a device for protecting its obvious right to

handle its own product. Of course, if we admit that the oil business

belongs to the Standard, as Mr. Rockefeller claims, then the Pure Oil

Company is certainly in the wrong!

As it stands to-day, the independents have a good showing for their

fight. They have fully 900 stockholders, most of them producers. They

handle a daily production of 8,000 barrels of crude oil; operate 1,500

miles of crude pipe-line and 400 miles of refined; are allied with some

fourteen refineries, in some of which all the by-products of oil, as

well as naphtha and illuminating oils, are produced; own one

tank-steamer, the Pennoil, with a capacity of 42,000 fifty-gallon

barrels, and charter several others; own oil barges on the Rhine, the

Elbe and the Baltic; have fully equipped stations in Europe at Hamburg,

Mannheim, Riesa, Stettin and Dusseldorf, in Germany; Rotterdam and

Amsterdam, Holland; London and Manchester, England; and, in the United

States, New York and Philadelphia. With conservative and loyal

management, there seems to be no reason that the Pure Oil Company should

not become a permanent independent factor in the oil business. Such a

thing is worth the best efforts of the men who have made it. Their

courageous and persistent struggle no doubt seems to most of them as of

purely personal and local meaning. All they asked was to get a fair

share of the profits in their business. They knew they did not get it,

and they believed it was because there was not fair play on the part of

the railroads and the Standard Oil Company. Aroused, they each fought

for the particular thing which would give them relief. They only

combined because driven to. They have become a strong organisation

almost solely because of the persistent opposition of the Standard Oil

Trust. The Standard’s efforts to break up the Producers’ Protective

Association by buying out the biggest producers precipitated a

co-operative company for handling oil. Its efforts to drive out the

independent refineries by the manipulation of the railroads drove the

producers and refiners to combine. The heavy charges for handling oil by

the Standard pipe-line and by the railways drove these independents to

build a seaboard pipe-line for both refined and crude, and to

demonstrate that refined as well as crude could be pumped to the sea in

pipes. The buying out of their foreign agents forced them to develop

their own market in Europe. The secret buying in of their stock, and the

combined effort to force the Standard directors on them, compelled them

into their present close trust organisation. It looks very much as if in

trying to make way with several small scattered bodies Mr. Rockefeller

had made one strong, united one.

But while the experience of the Pure Oil Company demonstrates that it is

possible to-day to build up an independent oil business if men have the

requisite patience and fighting quality, it by no means follows that the

success of the Pure Oil Company has restored competition in the oil

business or that by its success the public is getting any marked

reduction in the price of oil. That the control of that price—within

limits—is now and has been almost constantly since 1876 in the hands of

the Standard Oil Company is demonstrated, the writer believes, by the

figures and diagrams of the next chapter.

CHAPTER SIXTEEN

THE PRICE OF OIL

EARLIEST DESIGNS FOR CONSOLIDATION INCLUDE PLANS TO HOLD UP THE

PRICE OF OIL—SOUTH IMPROVEMENT COMPANY SO INTENDS—COMBINATION OF

1872–1873 MAKES OIL DEAR—SCHEME FAILS AND PRICES DROP—THE

STANDARD’S GREAT PROFITS IN 1876–1877 THROUGH ITS SECOND

SUCCESSFUL CONSOLIDATION—RETURN OF COMPETITION AND LOWER

PRICES—STANDARD’S FUTILE ATTEMPT IN 1880 TO REPEAT RAID OF

1876–1877—STANDARD IS CONVINCED THAT MAKING OIL TOO DEAR WEAKENS

MARKETS AND STIMULATES COMPETITION—GREAT PROFITS OF

1879–1889—LOWERING OF THE MARGIN ON EXPORT SINCE 1889 BY REASON

OF COMPETITION—MANIPULATION OF DOMESTIC PRICES EVEN MORE

MARKED—HOME CONSUMERS PAY COST OF STANDARD’S FIGHTS IN FOREIGN

LANDS—STANDARD’S VARIOUS PRICES FOR THE SAME GOODS AT HOME—HIGH

PRICES WHERE THERE IS NO COMPETITION AND LOW PRICES WHERE THERE

IS COMPETITION.

It is quite possible that in keeping the attention fixed so long on Mr.

Rockefeller’s oil campaign the reader has forgotten the reason why it

was undertaken. The reason was made clear enough at the start by Mr.

Rockefeller himself. He and his colleagues went into their first

venture, the South Improvement Company, not simply because it was a

quick and effective way of putting everybody but themselves out of the

refining business, but because, everybody but themselves being put out,

they could control the output of oil and put up its price. “There is no

man in this country who would not quietly and calmly say that we ought

to have a better price for these goods,” the secretary of the South

Improvement Company told the Congressional Committee which examined him

when it objected to a combination for raising prices.

Four years after the failure of the first great scheme, a similar one

went into effect. What was its object? J. J. Vandergrift, one of the

directors of the Standard Oil Company at that time, questioned once

under oath as to what they meant to do, said: “Simply to hold up the

price of oil—to get all we can for it.” Nobody pretended anything else

at the time. “The refiners and shippers who are in the association

intend there shall be no competition.” “It is a struggle for a margin.”

“The scope of the association is an attempt to control the refining of

oil, with the ultimate purpose of advancing its price and reaping a rich

harvest in profits.” These are some of the comments of the contemporary

press. The published interviews with the leaders confirm these opinions.

Mr. Rockefeller, always discreet in his remarks, denied that the scheme

was to make a “corner” in oil; it was “to protect the oil capital

against speculation and to regulate prices.” H. H. Rogers was more

explicit: “The price of oil to-day is fifteen cents per gallon” (March,

1875). “The proposed allotment of business would probably advance the

price to twenty cents.... Oil to yield a fair profit should be sold for

twenty-five cents per gallon.”

What was the exact status of this refining business out of which it was

necessary to make more in the year 1871, when the first scheme to

control it was hatched? The simplest and safest way to study this

question is by means of the chart of prices on pages 194 and 195.[142]

On this chart the line A shows the variation in the average monthly

price, per gallon, of export oil in barrels in New York from 1866 to

June 1, 1904. The line B shows the average monthly price, per gallon, of

crude oil in bulk at the wells. A glance at the chart will show the

difference or margin between the two prices. It is out of this

difference that the refiner must pay the cost of transporting,

manufacturing, barrelling and marketing his product, and get his

profits. Now in 1866, the year after Mr. Rockefeller first went into

business, he had, as this chart shows, an average annual difference of

35 cents a gallon between what he paid for his oil and what he sold it

for. In 1867 he had from 26½ to 20 cents; in 1868, from 20 to 22½; in

1869, from 21 to 18; in 1870, from 20 to 15.[143]

[Illustration:

CHART SHOWING PRICE OF OIL FROM 1866 TO 1904.

The above chart is adapted from one published in the Report of the

Industrial Commission, Volume 1, 1900, and is brought up to date.

The figures at the right and left stand for the price per gallon in

cents. The dates are placed at the top. The figures on which the

export and crude lines are based are those taken from the “Oil City

Derrick Hand-Book.” Those on which the water-white line is based are

from the Oil, Paint and Drug Reporter.

A shows the variations in the price per gallon of refined oil for

export in barrels in New York. The price of barrels varies slightly,

but is usually estimated at 2½ cents per gallon.

B shows the variations in the price per gallon of crude oil in bulk at

the wells.

C shows the variations in the price per gallon of water-white oil

(150° test) in barrels in New York. This is the usual domestic oil.

The margin or difference between the price of crude and refined is

easily calculated. Thus at the end of 1876 the crude line shows the

price of crude to be about nine cents—the price of refined about

twenty-nine; the margin was therefore twenty cents.

]

There were many reasons why this margin fell so enormously in these

years. All of the refiners’ expenses had rapidly decreased. In 1866 but

two railroads came into the oil country; by 1872 there were four

connections, and freights fell in consequence. In 1866 carrying oil from

the wells by pipe-lines was first practised with success, by 1872 all

oil was gathered by pipes, thus saving the tedious and expensive

operations of teaming. Tank-cars for carrying crude oil in bulk had

replaced barrels and rack cars. The iron tank, holding 20,000 barrels,

was used instead of the wooden tank holding 1,000 barrels. On every side

there had been economies, and because of them the margin had fallen. But

not only were the expenses coming down; so were the profits. The money

which had been made in refining oil had led to a rapid multiplication of

refineries at all the centres. In 1872 there was a daily refining

capacity of about 46,000 barrels in the country, and the daily

consumption of that year had been but 15,000 barrels. This large

capacity produced the liveliest competition in selling, and every year

the margin of profit grew smaller.

Now it is natural that men should struggle to keep up a profit. The

refiners had become accustomed to making from twenty-five per cent. to

fifty per cent., and even more, on every gallon of oil they put out.

They had the same extravagant notion of what they should make as the oil

producers of those early days had. No oil producer thought in the

sixties that he was succeeding if his wells did not pay for themselves

in six months! And as their new industry slowly but surely came under

the laws of trade, increased its production, was subjected to severe

competition, as they saw themselves, in order to sustain their business,

forced to practise economies and to accept smaller profits, they loudly

complained. There was never a set of men who found it harder to accept

the limitations of economic laws than the oil producers of Pennsylvania.

The oil refiners showed the same dislike of the harness, and in 1871, as

we have seen, Mr. Rockefeller and a few of his friends combined to throw

it off. What they proposed to do was simply to get all the refineries of

the country under their control, and thereafter make only so much oil as

they could sell at their own interpretation of a paying price.

There was not enough profit in the margin of 1871. Now what was the

profit? According to the best figures accessible of the cost of oil

refining at that day, the man who sold a gallon of oil at 24¼ cents (the

average official price for that year) made a profit of not less than 1¼

cents—52½ cents a barrel.[144] Josiah Lombard, a large independent

refiner of New York City, when questioned by the Congressional Committee

which, in 1872, looked into Mr. Rockefeller’s scheme for making oil

dearer, said that his concern was making money on this margin. “We could

ship oil and do very well.” A. H. Tack told the Congressional Committee

of 1888, which was trying to find out why he had been obliged to go out

of the refining business in 1873, that he could have made twelve per

cent. on his capital with a profit of ten cents a barrel. Scofield,

Shurmer and Teagle, of Cleveland, made a profit of thirty-four cents a

barrel in 1875, and cleared $40,000 on an investment of $65,000.

Fifty-two cents a barrel profit then was certainly not to be despised.

The South Improvement Company gentlemen were not modest in the matter of

profits, however, and they launched the scheme whose basic principles

have figured so largely in the development of the Standard Oil Trust.

The success which Mr. Rockefeller had in getting the refiners of the

country under his control, and the methods he took to do it, we have

traced. It will be remembered that for a brief period in 1872 and 1873

he held together an association pledged to curtail the output of oil,

but that in July, 1873, it went to pieces.[145] It will be recalled that

three years after, in 1875, he put a second association into operation,

which in a year claimed a control of ninety per cent. of the refining

power of the country, and in less than four years controlled ninety-five

per cent.[146] This large percentage Mr. Rockefeller has not been able

to keep, but from 1879 to the present day there has not been a time when

he has not controlled over eighty per cent. of the oil manufacturing of

the country. To-day he controls about eighty-three per cent.

Now it is generally conceded that the man or men who control over

seventy per cent. of a commodity control its price—within limits, very

strict limits, too, such is the force of economic laws. In the case of

the Standard Oil Company the control is so complete that the price of

oil, both crude and refined, is actually issued from its headquarters.

Now, with the help of the chart, let us see what Mr. Rockefeller and his

colleagues have been able to do from 1872 to 1904 with their power over

the price of oil. The first association which worked was brought about

late in 1872. What happened? Prices for refined oil were run up from 23

cents a gallon in June to 27 cents a gallon in November, and the margin

increased from 13.6 cents to 17.7 cents. From a profit of about 1½ cents

a gallon they rose to one of over 4 cents. Unfortunately, however, the

refiners of that period were not educated to the self-restraint

necessary to carry out this scheme. They very soon failed to keep down

their output of oil and overstocked the market, and the whole machine

went to pieces. Mr. Rockefeller had been able to make oil dear for a

short time, but only for a short time. Worse than that, what he had been

able to do brought severe public condemnation. It had, indeed, produced

exactly the result the economists tell us too high prices must

produce—limitation of the market and stimulation of competition in rival

goods. Mr. Rockefeller’s second scheme to work out the good of the oil

business by making oil dear resulted in decreasing oil exports for the

first time since the discovery of oil.[147] It also increased one of the

chief grievances of the American refinery—that was, the exporting of the

crude oil to be refined in Europe. Where the exports of crude had been

something over eleven million gallons in 1871, they were now over

sixteen millions. And it set the shale-oil factories of Scotland to work

merrily. It was cheaper for Great Britain to use oil from Scottish

shales than to buy oil sold under Mr. Rockefeller’s great plan for

benefiting the oil business. So for the time the scheme fell down.

As the diagram shows, the margin dropped rapidly back after this brief

success from eighteen to thirteen cents, nor did it stay there. With the

return of competition, in the fall of 1873, it continued to drop

rapidly. By the end of the year it was down to eleven cents; by the end

of 1874 to nine. What had done it? A decline in expenses, coming from

the multiplication of pipe-lines, reduction in freight charges, and free

competition in the markets. Nothing else.

[Illustration:

1866 TO 1872.

Fragment of oil chart, showing decline of margin between crude and

refined oil in the first seven years after the pipe-line was proved

practical. Notice sudden rise in refined oil in 1872 caused by the

first Refiners’ Association.

]

[Illustration:

1872 TO 1877.

Fragment of oil chart, showing decline in margin after the failure of

the Refiners’ Association in 1872, and the abnormal increase in the

margin in 1876, when the next combination was perfected.

]

In spite of the obvious economic effects of his scheme in 1872 Mr.

Rockefeller did not give up his theory that to make oil dear was for the

good of the business. He went steadily ahead, developing quietly his

plan of a union of all refiners, pledged to limit their output of oil to

an allotment he should assign, to accept the freight rates he should

arrange for, to buy and sell at the prices he set. It was a year before

the alliance was nearly enough complete to make its power felt. By the

summer of 1876 it claimed to have nine-tenths of the refiners in the

country in line. At that time a situation rose in the crude oil market

well calculated to help it in its intention to raise prices. This was a

falling off in the production of crude oil. An advance in its price had

come in the summer of 1876. Refined had, of course, responded to the

rise. But as the fall came on and the exporters prepared to load their

cargoes, the syndicate demanded a price for refined much above that for

which the market price of crude called. The embargo which followed has

already been described in Chapter VII of this narrative. It was as

straight a hold-up as our commercial history offers, rich as it is in

that sort of operations. From October to February refined oil was held

at a price purely arbitrary. It was the first fruits of the Great

Scheme.

The winter’s work was a great one for the Standard Combination. It not

only demonstrated that Mr. Rockefeller was correct in his theory that

the way to make oil dear was to refuse to sell it cheap, but not since

the coup of 1872, with the South Improvement Company, had Mr.

Rockefeller reaped such rewards. The profits were staggering. One of the

leading gentlemen in this pretty affair told the writer once that he had

sold one cargo at thirty-five cents a gallon, oil which cost him on

board the ship a trifle under ten cents. To-day one-fourth of a cent

profit a gallon is considered large on export oil. The Standard Oil

Company of Ohio had always paid a good dividend,[148] but the year of

this raid, 1877, it surpassed all bounds. On a capitalisation of

$3,500,000 it paid $3,248,650.01, only a fraction less than 100 per

cent. One of its stockholders, the late Samuel Andrews, when on the

witness-stand in 1879, said they might have paid the dividend twice over

and had money to spare.

The profits were great, but notice the forces set in motion by this

coup. The exporters were angry. The buyers in Europe were angry. If the

Americans are going to force up prices in this way, they said, we will

not buy their refined oil. We will import their crude and refine it

ourselves. We will go back to shale oil. A first result, then, of this

attempt to hold prices up to a point conspicuously out of proportion to

the raw product was that the exports of illuminating oil fell off—they

were less by a million gallons in 1878 than in 1877. In the United

States the market was threatened in the same way. There had been much

trouble in the years just preceding these events with extortionate

prices for gas—particularly in New York and Brooklyn. Illuminating oil

was so much cheaper that it had been largely substituted, but this

artificial forcing of the oil market in 1876–1877 caused a threat to

return the next year to gas.

The effect on the refiners who were operating with Mr. Rockefeller in

running arrangements was decidedly bad. Each refiner was under bonds to

use only a certain percentage of his capacity, and to shut down entirely

if Mr. Rockefeller said so. Scofield, Shurmer and Teagle, independents

of Cleveland, who had yielded to the attractiveness of Mr. Rockefeller’s

scheme, and had gone into a running arrangement with him to limit their

output, made $2.52 a barrel on their oil from July, 1876, to July, 1877!

They had been satisfied with thirty-four cents profit a barrel the year

before. Since making oil paid so well, why not make more? Why keep their

allotment down to exactly 85,000 barrels, as they had agreed, when they

were prepared to make 180,000? They did not. They put out a few extra

thousand barrels each year. Others did the same. It was, of course,

fatal to the “good of the oil business.” Not only did these profits

tempt many refiners to overrun their allotment; the few independents

left profited by the prices and increased their plants; the great Empire

Transportation Company combined refineries with its pipe-lines as Mr.

Rockefeller was adding pipe-lines to his refineries. Thus competition

was stimulated.

The effect on the men who produced oil was, of course, bad. They had

found it impossible at any time, while the refined was kept so high, to

force crude up to a corresponding point, though every effort was made.

The producers threatened to combine and refine their own oil. When the

Empire Transportation Company went into refining the producers heartily

favoured the movement, and throughout the next year a severe competition

kept prices down. The Empire was finally wiped out; the producers,

aroused by this failure, combined against the Standard in one of the

greatest associations they ever had. From 1878 to 1880 they fought

continuously to restore competition. They secured the introduction into

Congress of a bill to regulate interstate commerce; they fought for more

drastic laws against railroad discrimination in the state of

Pennsylvania; they persuaded the state to prosecute the Pennsylvania

Railroad for discrimination; they indicted Mr. Rockefeller and eight of

his colleagues for criminal conspiracy; and they supported by money and

influence a scheme for a seaboard pipe-line connected with the

independent refineries.[149]

If one will look at the chart he will see graphically the effect on Mr.

Rockefeller’s ambition of this fundamentally sound independent movement.

The margin between crude and refined, thrust up to over twenty cents by

the combination of 1878, fell rapidly under the combined efforts of the

independents through 1877, 1878 and 1879. In the latter year it touched

five cents for the first time in the history of the business.

Competition resulting in economies, in a revolutionising transportation

invention—the seaboard pipe-line—in a greatly extended foreign market,

brought down this margin in 1879. Nothing else.

[Illustration:

1876 TO 1880.

Fragment of chart, showing decline in margin after the coup of

1876–1877, caused by alliance of independent oil men and the success

of the first seaboard pipe-line.

]

Those who have read this history know what became of the competitive

movement of these years of 1878–1879. They remember how the Producers’

Union compromised its suits and abandoned its efforts for interstate

commerce regulation. They remember, too, how, just before the great

seaboard pipe-line project was proved to be a success, all but one of

the independent refineries were, by one means or another, persuaded to

sell or to combine with the Standard, leaving the Tidewater without an

outlet for its oil. Before the end of 1879 the Standard claimed

ninety-five per cent. of the refining business. Now examine the chart

for the effect on the price of oil in 1880, of this doing away with

competition—another sudden uplift of the price of refined, this time

without the excuse of a rise or probable rise in crude. For three years

oil had not been sold so high as it was in 1880, when the exporters

began to take on their winter’s supply. An interesting contemporary

account of this coup of 1880, and the way in which it was managed, is

found in the excellent monthly Petroleum Trade Report, published by John

C. Welch. It is dated November, 1880, and headed “Very Sharp Practice”:

“There is made each day in New York what is known as an official

quotation for refined oil, this official quotation being made as a

matter of convenience in cabling the price of refined oil throughout

the world. Refined oil not being sold at an open board, it is

sometimes difficult to quote it accurately, but by having an

‘official quotation’ this can be quoted, and the difficulty is

supposed to be, in a measure at least, remedied. The ‘official

quotation’ is made by three petroleum brokers appointed by the

Produce Exchange for that purpose, who meet each day after exchange

hours for the purpose of establishing it. There is one party, and

one party only, that have very large lots to sell, and so important

a position do they hold in the business that their prices are

ordinarily the market. Of course, to make transactions, their prices

and buyers’ prices have to come together, and transactions establish

a market much better than prices offered to buy or sell at, but

without transactions. At many times, if the Standard do not sell,

there are no transactions, and, consequently, the Standard’s asking

price is leaned upon to establish an official quotation. During

September, the official quotation went up from 9⅜ cents to 11⅞

cents, with comparatively little demand, as the foreign stocks were

large, and very little oil was required to supply the world’s wants.

The upward movement was, consequently, purely arbitrary. Arbitrary

prices are, however, a part of the Standard’s every-day life, and I

am not taking at this time any exception to them. All through

October and up to November 13, the official quotation was 12 cents,

or sometimes a little over and sometimes a little under, and as this

price did not meet the views of buyers to but slight extent, the

Standard were supposed to be exercising a Roman virtue in not

selling. Twelve cents continued as the official quotation to

November 13, without any wavering, but from the 13th to the 18th,

while ‘12 cents asked by refiners’ continued in the quotation, such

sentences as these were included at different dates: ‘Other lots

obtainable at 11 cents.’ ‘Sales at 10½ cents, offered at that.’

‘Other lots obtainable at irregular prices, from 10 to 10½ cents.’

On November 18, the quotation was ‘10 to 12 cents.’ I give the

following quotation of the New York refined market as published in

my Oil City daily report of November 11: ‘The New York market

yesterday closed, secretly offered and unsalable at 11½ cents, and

probably at 11¼ cents by resales and outside refiners, and likely by

Standard, though they openly ask 12.’

“The point that seems apparent is that the official quotation of 12

cents ceased to be an honest quotation a considerable time before it

was abandoned. The committee making the quotation can probably

justify their position by the custom of the trade of regarding the

prices the Standard openly ask as the market, nevertheless they, and

the Produce Exchange whom they represent, were the bulwark from

behind which the Standard were able to get off their hot shot

against the consuming trade in the United States and the consuming

trade in Europe, who all this time were buying Standard oil on the

basis of 12 cents at New York, the supplies at the time being drawn

from their stock in Europe and from their various depots in the

United States.”

But the performance of 1876 and 1877 was not forgotten in Europe. In

1879 the exporters and buyers from all the great foreign markets had met

in Bremen in an indignation meeting over the way the Standard was

handling the oil business. Remonstrances came from the consuls at

Antwerp and Bremen to our State Department concerning even the quality

of oil which had been sent to Europe by the Standard. John C. Welch, who

was abroad in 1879, was told by a prominent Antwerp merchant: “I am of

the opinion that if the petroleum business continues to be conducted as

it has been in the past in Europe, it will go to smash.”[150] The

attempt to repeat in 1880 what had been done in 1876 failed. The exports

of illuminating oil that year fell much below what they had been the

year before. In 1879, 365,000,000 gallons of refined oil were exported;

in 1880, only 286,000,000 gallons. Exports of crude, on the contrary,

rose from about 28,000,000 gallons to nearly 37,000,000 gallons. The

foreigners could export and refine their own oil cheaper than they could

buy from Mr. Rockefeller. Competition was after him, too, for the

Tidewater, whose refineries he had cut off, had stored their oil, built

new plants, and were again ready to compete in the market.

This third corner of the oil market seems to have convinced Mr.

Rockefeller and his colleagues at last that, however great the fun and

profits of making oil very dear, in the long run it does not pay; that

it weakens markets and stimulates competition. They learned a lesson in

these years they have never forgotten—that when you make a scoop it must

not be so big that you will never have a chance to make another one;

that if you want to keep your power to manipulate the market you must

use that power so modestly that the public in general will not realise

you have it. Again and again the effect of the experiences of 1872, 1876

and 1880 crops out in the testimony of Standard officials. Benjamin

Brewster once said to a Federal Investigating Committee, which had asked

if the Standard could not fix the price of oil as it wished: “At the

moment many things may be done, but the reaction is like a relapse of

typhoid fever. The Standard Oil Company can never afford to sell goods

dear. The people would go to dipping tallow candles in the old-fashioned

way if we got the price too high.” The after-effects of the first great

raids, then, were salutary. The Standard learned the limitations set on

monopolies by certain great economic laws.

[Illustration:

1879 TO 1889.

Fragment of chart, showing how margin reached in 1879 by competition

was raised and sustained for ten years under the monopoly achieved

by the Standard Oil Company in 1880. The sudden rise in refined in

the fall of 1880 was a purely arbitrary price. Notice that crude was

stationary at the time.

]

But if the Standard Oil Company learned in its first attempts to raise

the price of oil that they could not in the long run afford to make from

100 to 350 per cent., they by no means gave up their attempt to keep

their control, and to hold up profits as high as they could without

injuring the market or inviting too strong competition. If one will look

at the chart showing the fluctuations from 1879, when control was

achieved, to the beginning of 1889, one will find that for ten years the

margin between refined oil and crude never fell below the point reached

by competitive influences in the former year, though frequently it rose

considerably above. Yet it is in this period that the Standard did all

its great work in extending markets, in developing by-products, and in

introducing the small and varied economies on which it rests its claim

to be a great public benefactor. The first eight years of its existence

had been spent in bold and relentless warfare on its competitors.

Competition practically out of the way, it set all its great energies to

developing what it had secured. In this period it brought into line the

foreign markets and aided in increasing the exports of illuminating oil

from 365,000,000 gallons in 1879 to 455,000,000 in 1888; of lubricating,

from 3,000,000 to 24,000,000, and yet this great extension of the volume

of business profited the consumer nothing. In this period it laid hands

on the idea of the Tidewater, the long-distance pipe-lines for

transporting crude oil, and so rid itself practically of the railroads,

and yet this immense economy profited the public nothing. In spite of

the immense development of this system and the enormous economies it

brought about—a system so important that Mr. Rockefeller himself has

said: “The entire oil business is dependent upon this pipe-line system.

Without it every well would shut down, and every foreign market would be

closed to us”—the margins never fell the fraction of a cent from 1879 to

1889, though it frequently rose. In this period, too, the by-products of

oil were enormously increased. The waste, formerly as much as ten per

cent. of the crude product, was reduced until practically all of the oil

is worked up by the Standard people, and yet, in spite of the extension

of by-products between 1879 and 1889, the margin never went below the

point competition had forced it to in 1879.

The enormous profits which came to the Standard in these ten years by

keeping out competition are evident if we consider for a moment the

amount of business done. The exports of illuminating oil in this period

were nearly 5,000,000,000 gallons; of this the Standard handled well

toward ninety per cent. Consider what sums lay in the ability to hold up

the price on such an amount even an eighth of a cent a gallon. Combine

this control of the price of refined oil with the control over the crude

product, the ability to depress the market for purchasing, an ability

used most carefully, but most constantly; add to this the economies and

development Mr. Rockefeller’s able and energetic machine was making, and

the great profits of the Standard Oil Trust between 1879 and 1889 are

easily explained. In 1879, on a capital of $3,500,000, the Standard Oil

Company paid $3,150,000 dividends; in 1880 it paid $1,050,000. In 1882

it capitalised itself at $70,000,000. In 1885, three years later, its

net earnings were over $8,000,000; in 1886, over $15,000,000; in 1888,

over $16,000,000; in 1889, nearly $15,000,000. In the meantime the net

value of its holdings had increased from $72,000,000; in 1883, to over

$101,000,000. While the Standard was making these great sums, the men

who produced the oil saw their property depreciating, and the value of

their oil actually eaten up every two years by the prices the Standard

charged for gathering and storing it.

But to return to the chart. With the beginning of 1889 the margin begins

to fall. This is so in spite of a rising crude line. It would look as if

the Standard Oil Company had suddenly had a change of heart. In the

report of that year’s business made to the trustees of the Standard Oil

Trust, the following elaborate and interesting calculation was

presented:

“The quantity of crude oil consumed by the Standard manufacturing

interests in 1889 was 896,250,325 gallons, or 20,339,293 barrels, an

increase over the previous year of 119,073,589 gallons, or 2,835,085

barrels, an increase of 15.3 percent.

“The sales of crude oil by our interests for purposes other than

their own manufacture were 135,788,959 gallons, or 3,232,832

barrels, an increase of 43¼ per cent. over the previous year, making

the total consumption of crude oil through our interests

1,032,029,284 gallons, or 24,572,126 barrels, an increase over 1888

of 3,809,917 barrels, or 18.35 per cent., and exceeding the

consumption of 1887, which was the largest of any previous year, by

12.7 per cent.

“The quantity of refined oil produced was 666,742,547 gallons, or

13,334,851 barrels of 50 gallons each; of lubricating paraffine and

compounded oils 43,862,795 gallons, or 877,256 barrels, and of other

products 160,712,183 gallons, or 3,214,243 barrels, making a total

of all products of 871,371,525 gallons, or 17,426,350 barrels,

valued at over $46,000,000.

“The average cost of the crude consumed in refining was .211 of a

cent more than in 1888, while the average price realised per gallon

of crude was .090 of a cent less, showing a decrease in the margin

between the crude and finished product of .301 of a cent. This

represents a saving to the consumer over what the finished products

would have cost him if the same margin had been maintained on the

increased price of crude of $2,697,000. This has been done without a

corresponding loss to our interests by a decrease in cost of

manufacturing and marketing, and by the increased quantity handled

.204 of a cent, effecting a saving of $1,860,000, and the difference

has been more than made up by further reductions of cost of

marketing by our distributing interests, as well as in the increased

quantity handled. Although the average price of crude has been the

highest this year of any of the last five years, the increase over

the price of 1887 (when the price on both crude and refined was the

lowest for that period) being about 22¼ per cent., the average price

of products has increased but 12¼ per cent., showing a saving to the

consumer of 10 per cent. We have therefore continued to make good

the claim that the Standard has heretofore maintained of cheapening

the cost of the products to the consumers by giving them the

benefits of the saving in costs effected by consolidation of

interests.”[151]

This certainly sounds just—even philanthropic. It is exactly what the

consumer claims is his due—to have a share of the economies which

undoubtedly may be effected by such complete and intelligent

consolidation as Mr. Rockefeller has effected. But was it combination

that caused this falling of the margin? As a matter of fact this

lowering of the margin was the direct result of competition. In 1888 a

German firm, located in New York City, erected large oil plants in

Rotterdam and Bremerhaven. They put up storage tanks at each place of

90,000 barrels’ capacity. They also established a storage depot of

30,000 barrels at Mannheim, and took steps to extend their supply

stations in Germany and Switzerland. They built tank steamers in order

to ship their oil in bulk. These oil importers allied themselves with

certain independent refiners, and interested themselves also in the

co-operative movement which the producers of Pennsylvania were striving

to get into operation at this time. The extent of the undertaking

threatened serious competition. In the same year imports of Russian oil

into the markets of Western Europe began for the first time to assume

serious proportions. Russian oil had, from the beginning, been a

possible menace to American petroleum, for the wonderful fields on the

Caspian were known long before oil was “struck” in Pennsylvania. They

did not begin to be exploited in a way to threaten competition until

late in the eighties. In 1885 consuls at European ports began to report

its appearance—fifty barrels were landed at Bremen that year as against

180,855 of American oil. In this year, too, the first Russian oil went

to Asia Minor, where “Pratt” oil had long held sway. The first cargo

reported at Antwerp was in March, 1886. In April, 1890, the consul at

Rotterdam, in calling attention to the independent American competition,

said of Russian oil: “It is no longer a serious competitor for the

petroleum trade of Western Continental Europe.” The consul said that

while the American oil shipments to the five principal continental ports

were fully 4,000,000 barrels per year, those of Russian were less than a

tenth of that number. However, a growth of 400,000 barrels in five years

was something, and the Standard Oil Trust was the last to underestimate

such a growth. Prices of export oil immediately fell. There was nothing

in the world that gave oil consumers the benefit of the Standard’s

savings by economies in 1889 but the competition threatened by Russia

and the American and German independent alliance. The Standard, to

offset it, not only lowered its price, but it followed the German

company to Rotterdam in order to put up an oil plant similar to the one

which had been erected by those independents. They also purchased at

this time the great oil establishments at Bremen and Hamburg which had

hitherto been owned and operated by Germans. A full account of this new

development in the oil trade was reported by the American consul at

Rotterdam in April of 1890, and is to be found in the consular reports

of that year.

[Illustration:

1890 TO 1904.

Fragment of chart, showing relation between crude and refined oil in

the last fourteen years. Notice effect on margin from 1890 to 1894

of rise of strong competitive forces. Notice also how margin between

price of crude and of domestic oil increased in the winter of

1903–1904, during the coal famine.

]

Follow the lines a little farther. Notice how, in 1892, the price of

refined oil begins to fall, although crude is stationary. Notice how the

refined line remains steady throughout 1893 and 1894, although the crude

line steadily rises. This went on for nearly three years, until there

was a margin of only three cents between crude and refined oil. The

barrel, which is always reckoned in the official quotations of export

refined oil, costs two and a half cents per gallon, and the price of

manufacturing is usually put at one-half a cent. The cost of

transporting the oil was not covered by the margin the greater part of

the year 1894. Now, the Standard Oil Company were not selling oil at a

loss at this time out of love for the consumers, although they made

enough money in 1894 on by-products and domestic oil to have done

so—their net earnings were over $15,000,000 in 1894, and they reckoned

an increase in net value of property of over $4,000,000—they were

fighting Russian oil and the independent combination started in 1889. By

1892 this combination was in active operation. The extent of this

movement was described in the last chapter of this narrative. At the

same time certain large producers in the McDonald oil field built a

pipe-line from Pittsburg to Baltimore, the Crescent Line, and began to

ship crude oil to France in great quantities. It looked as if both

combinations meant to do business, and the Standard set out to get them

out of the way. One method they took was to prevent the refiners in the

combination making any money on export oil.

The extent to which cutting was carried on for two years, beginning with

the fall of 1892, has been referred to in the last chapter, but is

perhaps worth repeating in this connection. In January of 1892 crude oil

was selling at 53½ cents a barrel at the wells, and refined oil for

export at 5.33 cents a gallon in barrels. Throughout the year the price

of crude advanced, until in December it was 78⅜ cents. Refined, on the

contrary, fell, and it was actually 18 points lower in December than it

had been twelve months before. Throughout 1894 Standard kept refined oil

down; the average price of the year was 5.19 cents a gallon, in face of

an average crude market of 83¾ cents, lower than in January, 1893, with

crude at 53½ cents a barrel.

After two years they gave it up. It was too expensive. The Crescent Line

sold to them, but the other independents were too plucky. They had lost

money for two years, but they were still hanging on like grim death, and

the Standard concluded to concentrate their attacks on other points of

the combination rather than on this export market where it was costing

them so much.

About the end of 1894 the depression of export oil was abandoned, as the

chart shows. Notice that from 1895 to 1898 the margin remained at about

four cents, that in 1900 it rose to six cents, and from that time until

June, 1904, it swung between four and a half and five. The increasing

competition in Western Europe of independent American oils, and the

rapid rise since 1895, particularly of Russian oil, are what has kept

this margin down. It is doubtful, such is the growing strength of these

various competitive forces, if the Standard Oil Trust will ever be able

to put up the margin on export oils. If there were only the American

independents to reckon with, a compromise might be possible, but Russia,

Burmah and Sumatra are all in the game. By 1896 Russia was exporting

210,000,000 gallons of petroleum products (America in that year exported

over 931,000,000 gallons), and these products were going to nearly every

part of Europe and Asia. They began to cut heavily into the trade of the

Standard in China, India, Great Britain and France. By 1899 the exports

of Russian oil were over 347,000,000 gallons; in 1901, over 428,000,000

gallons. In China, India, and Great Britain particularly, has the

Russian competition increased. While at one time the Standard Oil

Company had almost the entire oil trade at the port of Calcutta, last

year, 1903, out of 91,500,000 gallons imported, only about 6,500,000

gallons were of American oil. In China, Sumatra oil is now ahead of

American, the report for 1903 being: American, 31,060,527 gallons;

Sumatra, 39,859,508.

For the Standard there is good profit in this margin of four and a half

cents for export oil. The expenses the margin must cover are the

transportation of the crude from the wells to New York, the cost of

manufacture, the barrel and the loading. For twenty-five years the

published charge of the Standard Oil Company for gathering oil from the

wells has been twenty cents a barrel. The charge for bringing it to New

York has been forty cents, a little less than one and a half cents a

gallon. It costs, by rough calculation, one-half a cent to make the oil

and load it. The barrel is usually reckoned at two and a half cents.

Here are four and a half cents for expenses—the entire margin. Where the

Standard has the advantage is in its ownership of oil transportation. A

common carrier gathering and transporting in 1902 all but perhaps 10,000

barrels of the 150,000 barrels’ daily production of Eastern oil, the

service for which the outsider pays sixty cents, costs it from ten to

twelve cents at the most liberal estimate. Here is over a cent saved on

a gallon, and a cent saved, where millions of gallons are in question,

makes not only great profits, but keeps down competition. The refiner

who to-day must pay the Standard rates for transportation cannot compete

in export oil with them. In January of 1904, when the chart shows the

margin to have been about four and three-quarter cents, an independent

refiner in the state of Ohio, dependent on the Standard for oil, gave

the writer a detailed statement of costs and selling prices of products

in his refinery. According to his statement he lost one and three-fifth

cents on his export oil. He was forced, of course, to pay Standard

transportation prices for crude and railroad charges for refined from

Ohio to New York harbour.[152]

That there would have been such a transportation situation to-day had it

not been for the discrimination by the railways, which threw the pipes

into the Standard’s hands in the first place, and the long story of

aggression by which the Standard has kept out rival pipes, and so been

able for twenty-five years to sustain the price for transportation, is

of course evident. To-day, as thirty years ago, it is transportation

advantages, unfairly won, which give the Standard Oil Company its hold.

It is not only on transportation that the Standard to-day has great

advantages over the independent refiner in the export market. As said at

the beginning of this chapter, the Standard Oil Company “makes the price

of refined oil”—within strict limits. Of course, making the market, it

has all the advantages of the “inside track.” Its transactions can be

carried on in anticipation of the rise or fall. For instance, in January

of 1904, when there were strong fluctuations in the water-white (150

degrees test) prices, the agent of an independent refiner, who was in

Wall Street trying to keep track of markets for out-of-town competitors,

reported the price as 9.20 cents a gallon. The refiners’ goods were

refused on the ground that this was above the market. The Standard Oil

export man and a broker who worked with the company were consulted. The

market was 9.20. Further investigation, however, showed that at

headquarters the figure given out privately was 8.70 cents. The

disadvantage of the outsider in disposing of his goods is obvious. The

Standard makes the official market, and undersells it. The situation

seems to be the same in practice as that described by Mr. Welch, in

1880, though now the fiction of a committee of brokers has been done

away with. Of course there is nothing else to be expected when one body

of men control a market.

Thus far the illustrations of Mr. Rockefeller’s use of his power over

the oil market have been drawn from export oil. It is the only market

for which “official” figures can be obtained for the entire period, and

it is the market usually quoted in studying the movement of prices. It

is of this grade of oil that the largest percentage of product is

obtained in distilling petroleum. For instance, in distilling

Pennsylvania crude, fifty-two per cent. is standard-white or export oil,

twenty-two per cent. water-white—the higher grade commonly used in this

country—thirteen per cent. naphtha, ten per cent. tar, three per cent.

loss. The runs vary with different oils, and different refiners turn out

different products. The water-white oils, while they cost the same to

produce, sell from two to three cents higher. The naphtha costs the same

to make as export oil, but sells at a higher price, and many refiners

have pet brands, for which, through some marketing trick, they get a

fancy price. The Standard Oil Company has a great number of fancy brands

of both illuminating and lubricating oils, for which they get large

prices—although often the oil itself comes from the same barrels as the

ordinary grade. Now it is from the extra price obtained from naphtha,

water-white, fancy brands, and by-products that the independent refiner

makes up for his loss on export oil, and the Standard Oil Trust raises

its dividends to forty-eight per cent. The independent refiner quoted

above, who in January of 1904 lost 1⅜ cents on export oil, made enough

on other products to clear 8.3 cents a barrel on his output—eighty-three

dollars a day clear on a refinery of 1,000 barrels capacity, which

represents an investment of $150,000.

[Illustration:

A TYPICAL OIL FARM OF THE EARLY DAYS

]

Turn now to the price of domestic oil, and examine the chart to see if

we have fared as well as the exporters. The line C on the chart

represents the price per gallon in New York City of 150° water-white oil

in barrels from the beginning of 1881 to June, 1904.[153] The figures

used are those of the Oil, Paint and Drug Reporter. A glance at the

chart is enough to show that the home market has suffered more violent,

if less frequent, fluctuations than the export market. A suggestive

observation for the consumer is the effect of a rise in crude on the

price of domestic oil. The refined line usually rises two or three

points to every one of the crude line. It is interesting to note, too,

how frequently high domestic prices are made to offset low export

prices; thus, in 1889, when the Standard was holding export oil low to

fight competition in Europe, it kept up domestic oil. The same thing is

happening to-day. We are helping pay for the Standard’s fight with

Russian, Roumanian and Asiatic oils. But this line, while it shows what

the New York trade has paid, is a poor guide for the country as a whole.

Domestic oil, indeed, has no regular price. Go back as far as anything

like trustworthy documents exist, and we find the most astonishing

vagaries, even in the same state. For instance, in a table presented to

a Congressional Committee in 1888, and compiled from answers to letters

sent out by George Rice, the price of 110° oil in barrels in Texas

ranged from 10 to 20 cents; in Arkansas, of 150° oil in barrels, from 8

to 18; in Tennessee, the same oil, from 8 to 16; in Mississippi, the

same, from 11 to 17. In the eighties, prime white oil sold in barrels,

wholesale, in Arkansas, all the way from 8 to 14 cents; in Illinois,

from 7½ to 10; in Mississippi, from 7¼ to 13½; in Nebraska, 7½ to 18; in

South Carolina, 8 to 12½; and in Utah, 13 to 23. Freight and handling

might, of course, account for one to two cents of the difference, but

not more.

A table of the wide variation in the price of oil, compiled in 1892,

showed the range of price of prime white oil in the United States to be

as follows:

In barrels 6 to 25 cents

In cases 14 to 34½ cents

In bulk 3½ to 25 cents

The same wide range was found in water-white oil:

In barrels 6½ to 30 cents per gallon

In cases 16 to 35 cents per gallon

In bulk 3½ to 29 cents per gallon

In 1896 an investigation of prices of oil sold from tank-wagons in the

different towns of Ohio, in the same week, was made, and was afterward

offered as sworn testimony in a trust investigation in that state. The

price per gallon ranged from 4¾ cents to 8¾ cents.

The most elaborate investigation of oil prices ever made was that

instigated by the recent Industrial Commission. In February, 1901, the

commission sent out inquiries to 5,000 retail dealers, scattered from

the Atlantic to the Pacific and from the Lakes to the Gulf, asking the

prices of certain commodities, among them illuminating oils; 1,578

replies were received. The tables prepared offered striking examples of

the variability of prices—thus:

In Colorado the wholesale price of illuminating oil (150° test) varied

from 13 to 20 cents; in Delaware, 8 to 10; in Illinois, 6 to 10; in

Alabama, 10.50 to 16; in Michigan, 5.50 to 12.25; in Missouri, 7.50 to

12.50; in Kentucky, 7 to 11.50; in Ohio, 5.50 to 9.75; in California,

12.50 to 20; in Utah, 20 to 22; in Maine, 8.25 to 12.75 (freight

included in all these prices).

The difference between the highest and the lowest wholesale prices in

the same states varies from 8 cents in Oregon (12.50 to 20.50) to 1.50

in Rhode Island (8.50 to 10). Of course, in the former case, two or even

three cents of the difference may be due to freight, but hardly more.

Take adjoining states, for instance. In Vermont there is a difference of

4.50 cents between the highest and lowest price of oil; in New

Hampshire, only 1.75. In Delaware there is a difference of 2 cents; in

Virginia, of 6.

Compare, now, the lowest price in different states. In Ohio and

Pennsylvania oil was sold as low as 5.50; 6.50 is the lowest in New York

State, 8.50 the lowest in Rhode Island, and 7 the lowest in New Jersey.

In Indiana oil sells as low as 5.50, but in Kansas nothing below 8.50 is

reported (the freight rate to Atchison, Kansas, from Whiting, Indiana,

which supplies both of these states, is 1.7 per gallon. The freight rate

from Whiting to Indianapolis is .5 per gallon).

The History of the Standard Oil Company · 第 7 / 12 章