24 rnnnnnn nnronrn:.
furnish them to others, for use in the state of Ohio, (and in other states.)
and, generally. to carry on all the telephone business therein. Whereupon
divers corporations, including the Central Union Telephone Company, the
Central District & Printing Telegraph Company, the Cleveland Telephone '
Company, the City 8a Suburban Telegraph Company, and the Miami Telc-
phone Company, named as defendants herein. or certain other corporation,
under whom they, or some of them, claim as successors, (called hereinafter,
for convenience, the · licensee corporations,’) desired and sought and obtained
licenses to carry on the telephone business in the state of Ohio, at and for
the risk and as the business of said licensee corporations. To that end, and
long before this suit was brought, the American Bell Telephone Company sn
arranged with such licensee corporations that, at the -commencement of this
·“ suit, and ever since, and long before, the latter should carry on and have
carried on all such business in the state of Ohio, and the American Bell Tel-
ephone Company has not carried on the telephone business in the state oi`
Ohio. Said licensee corporations have carried on that business in their own
right, and entirely for their own profit and loss, and not as agents or for ac-
count of the American Bell Telephone Company. —
. “The American Bell Telephone Company has no license contract with the
Erie Telephone &Telegraph Company, another corporation named as defend-
ant herein; but it is believed that the latter corporation owns the whole or n
major part of the stock of the Cleveland Telephone Company, with whom the
American Bell Telephone Company has, and for several years past has had, a
license contract and dealings as herein stated.
"The American Bell Telephone Company furnishes to each of said licensee
corporations, at its general otlice or factory in Boston, Massachusetts, and not
elsewhere, and as often as requested, telephones embodying said patented in-
ventions, and manufactured by the American Bell Telephone Company. The
actual and the legal place of delivery thereof is agreed to be, and in fact is,
such general otlice or factory. The licensee corporation transports them, at its
own risk and expense to wherever it wishes to, and lawfully may use them or
furnish them to others for use. The licensee corporation, when it sees tit,
returns them into the possession of the. American Bell Telephone Company,
in Massachusetts, and it pays to the American Bell·Telephone Company a cer-
tain stipulated sum per month in respect of each telephone, reckoned from the
time when it receives the same from the American Bell Telephone Company.
in Massachusetts, as aforesaid, until it returns the same into the actual pos-
session of the American Bell Telephone Company, as aforesaid, and in some
r few cases pays certain other sums, but in no case a share or portion of profits. y
These payments are made, and the accounts respecting the same are settled,
at the American Bell Telephone Company’s orlice, in Boston, Massachusetts.
"All the telephones used in the state of Ohio are sofurnished, and all the
money the American Bell Telephone Company actually receives in respect of,
or growing out of, any use of telephones in the state of Ohio, it receives at ·
its general omce,,in Boston, Massachusetts, from the licensee corporations,
and all its accounts therefor are there settled. Each licensee corporation
uses said telephones, and furnishes them to others, under and by virtue of,
and in the exercise of, its license right so to do, and makes such payments as
payments due from it for such license right; and no payments beyond what
the licensee corporation has so agreed to make, and in the invariable course of
dealing does itself make, are due to or demanded by or received by the Amer-
ican Bell Telephone Company in respect of the use of telephones in the state
of Ohio. l °
“`Subject to certain general limitations and regulations restricting the use of
telephones so furnished, the right of the licensee corporation is, and its invaria-
ble course of business is, to use those telephones itself, or to furnish them to
others to be used, within certain counties and portions of the state of Ohio.
The licensee corporation constructs, orprocnres to be constructed, at its own