6 FEDERAL mzronrmz.
law. A foreign corporation can be served with a summonsaccord-
ing to law (in Ohio) by service upon a managing agent." And about
the same time Mr. Justice Matthews said, in a similar case, pending
‘ in this court, that "where foreign corporations establish an agency in
a state whose laws provide (as in this) that they may be sum-
moned by process served upon an agent, they are ‘found’ within the
district in which such agent is doing business, within the meaning of
the -act of congress of March 3, 1875, and may be served in the same
manner in suits brought in the United States court." Mohr at Mohr
Distilling Oo. v. Ins. Co.-12‘ Fran. Bur. 4:74, and authorities cited in
the note thereto. These adjudications are conclusive of the question
attempted to be raised in this case. The defendant is duly before
the court, and it only remains to Abe determined how far, if at all,
the complainant is entitled to relief upon the facts herein stated.
Railroads are potential agencies, constitute a very considerable part
of the national wealth, and deserve to be fully protected in all their
chartered rights. But while they are essential to the continued pros-
V perity and to the further development of the varied resources of this
great country, they are susceptible, when manipulated in the interest
of selhsh schemes, of being perverted to the most unjust and oppress-
ive uses. They necessarily monopolize all inland carrying business,
and if unrestrained can, by unjust discriminations, favor some indi-
viduals and communities to the very serious detriment of others.
Hence the frequent efforts made to control them in the interests of
individuals and communities. By establishing or abandoning a depot
they can depreciate or enhance the value of private property, and by
extending or withholding facilities increase the profits or inflict losses
on all persons engaged in commercial or other pursuits dependent on
their favor. An advance of two cents per bushel on the grain annually
carried from the grain-producing west to the eastern cities, with a
corresponding increase upon all other classes of freight, would im-
pose a tax upon the industry of the country exceeding in amount the
annual levies made by congress for the support of the national gov-
ernment. If permitted, they can so regulate their freight charges
` as to exact from each locality dependent upon them the utmost far-
thing which the circumstances of each particular case and the absence
of wholesome competition enable them to 'impose. For instance,
where competition is sharp, they can carry passengers and freight over
their entire lines for less than they charge for short intermediate dis-
tances, simply because in the one case they are controlled by compe-
tition, and in the other, in absence of such competition, they have