Uxicrnn s·rArics v. AMERICAN BELL Tr:1.1sm~io1·ns co. 27
porations in carrying on its business, and enjoying its rights as licensee, and
to enable the American Bell Telephone Company to enjoy, protect, and en-
force its rights in case the licensee corporation fails to carry on its business,
and make its payments as contemplated.
“The American Bell Telephone Company owns stock in four of the licensee
corporations named as defendants herein. In some of them it acquired some
stock when the licenses were made. In others of them it has acquired it by
subsequent purchase at the market price, as any other purchaser might do.
It has not a majority of the stock in any of them, except two, and in those it
holds a bare majority, and acquired enough to give it a majority by purchase ‘
· at the market price.
"The American Bell Telephone Company has not agreed to supply all
counsel, and maintain all suits, against or aifectin g the licensee corporations.
It has in two cases, but not in others, agreed, as in good conscience a manu-
facturer and furnisher of patented machinery may well agree, that, in con-
sideration of the license fees paid to it, it will defend all suits brought against
its licensee corporations on the ground that the telephones furnished by it un- I
lawfully infringe patents owned by others.
" Samples of the standard forms of contract which the American Bell Tele-
phone Company has been accustomed to make with the licensee corporations
aforesaid are hereunto annexed. They are designated ‘ Form 109 D,’ ‘Form
113 D,’ · Form 116 C,’ and ·F01·m 251 B.'
‘#The Central Union Telephone Company, the Erie Telephone & Telegraph
Company, the Central District & Printing Telegraph Company, the Cleveland
Telephone Company, the City & Suburban Telegraph Company. the Miami
Telephone Company, and the Buckeye Telephone Company, named as defend-
ants infthis cause, were not at the date of filing the bill of complaint herein,
nor at the several dates of alleged service of the writs of subpoena issued
herein, no1· theretofore, the associates or copartners, nor was either or any of
. them at those dates, nor has either or any of them ever, at any time, been an
associate or copartner of the American Bell Telephone Company, in any man-
ner or for any purpose; nor have they, nor has either or any of them, in the
state of Ohio, or elsewhere, formed with the American Bell Telephone Com-
pany any association, copartnership, or joint-stock company which divides
the prolits of any business whatsoever between them, or either or any of them,
and the American Bell Telephone Company; nor has any part of the profits
of the telephone business carried on by any local association, copartnership,
or joint-stock company, nor any part of the profits of the licensee corpora-
tions, been set apart weekly, (or at any other period,) and accounted for by
such local company, nor collected by agents of the American Bell Telephone
Company who visit any local company for that purpose, (and no such visits
are made,). or otherwise paid to the American Bell Telephone Company; nor
is it entitled to receive any such share or division.
"All of which matters and things this defendant avers to be true, and is V
ready to maintain and prove. Wherefore this defendant prays the judgment
of this honorable court whether it ought to be required to appear in accord-
ance with any writ of subpoena issued in the said suit." _
Along with its plea and motion the American Bell Telephone Com-
pany exhibits samples of the standard forms of the contracts "for
exchanges, " for "extraterritorial connecting lines, " " branch lines,"
and for "private lines and other purposes," which it has usually
made with the licensee or local corporation. These contracts are
too lengthy to be here inserted, but will be referred, to in considering
and passing upon the questions raised by the plea in abatement, of
which they form a part. » . , .