UNITED STATES v. AMERICAN BELL TELEPHONE oo. 21
being an agent and partner of the said the American Bell Telephone Company,
within said Southern district of the state of Ohio,) on March 24, 1886; also
served this writ on said defendant the City & Suburban Telegraph Company
by reading the same to A. D. Bullock, its president, and delivering to him a
,du1y—attested copy thereof, on March 24, 1886.
"H. C. URNEE, U. S. Marshal.
"By Rrounnn C. Rommn, Deputy." `
On the writ sent to the Northern district this return was made,
viz.:
“Northern District of Ohio-—ss·. : Served this writ on the defendant the
American Bell Telephone Company (which is a corporation doing business
within said district) by delivering a true and certified copy thereof to James
P. McKinstry, vice-president of the Cleveland Telephone Company, the said
Cleveland Telephone Company being an agent and partner of the said the
American Bell Telephone Company, within said Northern district of Ohio, on
March 31, 1886; also served this writ on said defendant the Erie Telephone
& Telegraph_ Company by delivering a trueand duly-certified copy thereof to
James M. McKinstry, its general superintendent, on March 31, 1886.
"W. F. GOODSPEED, U. S. Marshal. ,_
"By Guo. WYMAN, Deputy. "
These returns, while varying slightly in form, recite that the Amer-_
ican Bell Telephone Company is doing business and found within each
of said districts, and that the writ was served upon it by reading the
same, or delivering a certified copy thereof, to the president or vice-
president of the local corporation, with the statement, parenthetically
made, that such local company was "the partner and agent" of said
American Bell Telephone Company.
On May 3, 1886, the day said defendants were required to enter
their appearance in the suit, the American Bell Telephone Company,
by its solicitors, entered a special appearance, as follows:
"(No. 229.) In Equity. The United States of America v. The American
Bell Telephone Company and others. _
" To the Clerk of said Court: Please enter our appearance for the Amer-
ican Bell Telephone Company specially for the purpose of objecting to the i
jurisdiction and power in said court to compel said corporation, the Amer-
ican Bell Telephone Company, named as defendant herein, to appear or an-
swer in the above cause, and of objecting to the returns of the marshal upon
the subpcenas issued in the cause, so far as the same relate tosaid corpora-
tion, and for no other purpose. At the same time we file this paper we file a
motion to set aside said returns, and we shall also file a. plea to the jurisdic-
tion of the court when the same reaches Columbus, to-morrow.
- "HARRISON, OLDS & Mansn, Solicitors."
Thereupon the said defendants Bled the following motion, viz.:
"The American Bell Telephone Company, named defendant herein, appear-
ing specially for the purposes only herein set forth, hereby moves the honor-
able court to set aside so much of the return of the marshal on the several sub-
pmnas issued herein as relates to the American Bell Telephone Company, for
the reason that said return is untrue in fact, and to disregard it for the reason
that it is insuliicient in law; and hereby prays the judgment of this court ‘
whether it shall be compelled to appear herein or answer thereto, for the reason
' that it has not been served with process herein, and is not compellable to ap-
pear in response thereto, and has not accepted and does not accept service