UNITED surms ·v. Amzmcau BELL TELEPHQNE oo. 35
and established the proposition that, in the absence of a voluntary
appearance, three conditions must concur or co-exist in order to give
the federal courts jurisdiction in personam over a corporation created
without the territorial limits of the state in which the court is held,
'viz. : (1) It must appear as a matter of fact that the corporation is
carrying on its business in such foreign state or district; (2) that
such business is transacted or managed by some agent or oilicer ap- ‘
pointed by and representing the corporation in such state; and (3)
the existence of some local law making such corporation, or foreign
corporations generally, amenable to suit there as a condition, express
for implied,iof doing business in the state. When the local law, ex-
pressly or by comity, permits foreign corporations to do business in
l the state; when it also provides for suit against them in a reasonable
and proper manner, and within the just limits of the state’s power
and authority; and when a foreign corporation thereafter enters the
state, and transacts its corporate business by means of resident
agents coming within the terms of the local statute,—it may be `
found, and is liable to suit there in either the state or federal courts,
by service of process on such agent. Lafayette Ins. Oo. v. French,
18 How. 404; Railroad C0. v. Harris, 12 Wall. 65; Ea: parte Schol-
lenberger, 96 U. S. 369;lRailroad Oo. v.`K0ontz, 104 U. S. 5; St.
Clair v. Cox, 106 U. S. 350; S. G. 1 Sup. Ct. Rep. 354; New Eng-
land Mat. Life Ins. Co. v. Woodworth, 111 U. S. 138; S. C. 4 Sup.
Ct. Rep. 364; Boston Electric Co. v. Electric Gas-Lighting Co., 23
Fed. Rep. 839. The underlying principle on which these decisions
rest is that the state may impose conditions, not in conflict with the
laws and constitution of the United States, on the transaction of
business in its territory by corporations chartered elsewhere, or ex-
clude them altogether, or revoke permission or license already given.
Corporations engaged in interstate commerce do not, of course, come
within such state authority, and no restrictive conditions can be im-
posed upon such corporations.
The judiciary acts (Bev. St. § 739) and act oflMarch 3, 1875, pro-
viding that no civil suit or action shall be brought against any per· ,
son outside of the district in which he resides or may be found at tho
time of the service of process, do not affect the general jurisdic-
tion of this court, but merely confer a personal privilege or exemption
upon the defendant which can be waived and is waived by a foreign ·
corporation, not only by a voluntary appearance to the suit, but by
doing business in a state imposing the condition or liability to suit
there by service of process on its agent. It cannot be held sufficient
to give this court jurisdiction in personam over a foreign corporation
that it has property rights, however extensive, within the district, or '
that it has pecuniary interests, however valuable, in business man-
aged and conducted by others. It must itself be carrying on busi-
ness in its own right, on its own responsibility, and for its own ac-