Ummm srarms v. Amamosiv nm.1, TELEPHONE co. 29
sufficiency of the service on the face of the return, and to be consid-
ered with the plea in abatement. ·
The questions, then, presented for the consideration and decision
of the court are whether the returns on their face show a good and
legal service upon the defendant the American Bell Telephone Com-
pany; and, if so, whether, under the facts set up by the plea in
abatement, it can be held that said defendant is carrying on its busi-
ness in Ohio, and that the local pr licensee corporations, named as
co-defendants, are its agents, or in such relation to it that service
upon them is such service upon it as to bring it personally before the
court, and subject to its jurisdiction.
D0 the returns upon their face show a legal and valid service on
the American Bell Telephone Company, such as will require it to
appear and make defense herein, or suffer the consequences of de-
fault?
They recite, in parenthesis, that said company is doing business
and found within the Southern and Northern districts of Ohio, and
that it was served by reading or delivering a certified copy of the
subpoena to the president or vice-president of the local corporation,
with the statement or recital that such local corporation was "the
partner or agent" of the said American Bell Telephone Company
within the state of Ohio.
Looking to the averments of the bill in relation to the business
done in Ohio by the American Bell Telephone Company, it is doubtful
whether they can be considered as charging anything more than that
said company was a copartner, associate, or part owner with the lo-
cal or licensee corporations in the business carried on by the latter in
the state. The bill alleges that said American Bell Telephone Com-
pany is present and found, and has property and does business, in
the state of Ohio, under and by virtue of said Bell patents, "and by
the means and in the manner hereinafter set forth." It then proceeds
to show “the means and the manner" in which said company is so
present and found, and conducting the business of telephony under
its said patents, in said district; that it is the owner of all the tele-
phone instruments used in the state of Ohio; that the local corpora-
tions are the owners of the wires, poles, etc., used in connection with
the business, and which they contribute as their shares, respectively, of
the capital of the business; that the American Bell Telephone Com-
pany "furnishes" the franchise and exclusive right of said patents
and the telephone instruments, together with a contract stipulation
with each of said local companies that said Ame1·ican Bell Telephone
Company will also supply counsel, and maintain suits, and do all
things to make the business an exclusive and close monopoly, with-
4 out charge or burden to the local company or corporation; that the
local association, copartnership, or joint-stock. company thus formed
divides the proyits of the business with the American Bell Telephone
Company on terms agreed upon between theparties; and that the