30 Fsoimmn iusroarisa.
share of the American Bell Telephone Company is set apart weekly,
and accounted for by said local company, and is collected by agents
of the American Bell Telephone Company, who visit said local com-
pany for that purpose, or otherwise paid to said American Bell Tel-
ephone Company. After thus showing, especially and distinctly,
that "the means and manner"»in which the business of telephony is
carried on, created and established the relation of copartners between
the American Bell Telephone Company and the local corporations,
the bill proceeds to state the great extent of the business throughout
the United States; and then avers that said local or subcompanies
"are part owners and copartners, agents, and representatives of said
American Bell Telephone Company within each of the divisions and
districts of Ohio, and that said American Bell Telephone Company
is entitled to and has an interest in atb and singular the property,
rights, and business of the other said dq”endants."
This interest in "the property, rights, and business" of the local
corporations the Bell Telephone Company has, as previously set forth,
T by virtue of its copartnership relation to them. Following this, the
V bill states "that the American Bell Telephone Company does business
in each of said divisions and districts by the sale and grant of licenses
to use said patents; by renting or lease of said telephone instruments;
by sharing in the earnings and profits of each of said local companies;
by holding stock in the same; by having an interest in the rights,
property, and business thereof; by supporting and maintaining each
of said companies in litigation; by the employment of oiiicers, agents,
and servants in each of said divisions and districts; and by divers
other means and devices."
These averments, which supplement the allegation of a copartner-
ship between the American Bell Telephone Company and the local
corporations, may be regarded either as a general summary of what
was previously set forth, or be treated and considered as charging
that the American Bell Telephone Company, in addition to its part-
nership connection with the local corporations, was itself engaged iu
carrying on business in the state by the sale and grant of licenses to
use said patents; by the renting or lease of telephone instruments;
by the holding of stock in the local companies; and by the employ-
ment of officers, agents, and servants in each division of the state.
Without this latter construction, there is no clear or distinct allega-
tion that the American Bell Telephone Company is itself transactiug
business in the state. Other allegations of the bill only show and
charge that the American Bell Telephone Company and the local
_ corporations are copartners in the business of telephony carried on
by the latter, or that it "is entitled to and has an interest in all and
singular the property, rights, and business of the other said defend-
ants." ~ ·
It is not alleged that the local companies are the "of{icers, agents,
and servants" employed by the American Bell Telephone Company