New-York tribune., 1886-06-02
THE BELL TELEPHONE SUI.
TIE GOVERNMENT ~ REApf-DENIAL or
JrEisDCTION ~ ONO.


JURISDICTION ~ ONO.
Co1r,nrs. June l Especial Judge Thur
man, chef counsel Tor the Governments IN tho be teie-
nhone suits sat IN the United States court room this
morning among his feliow-lawyer+ JaJse sage asked
Judge Thurman. have you anything To bring before
the court this morningf e. "Nothing your HONOR re-
sponded the old Romau indicating delay in the cele
braied cases hronght to the Bell patents Later on
Mr Thurman hal conferences with Judge Sage and
Mr. f,.rrison who represents tho Bell Company, nj
which il was agreed that nothing should be done IN
the suits until conference OF lawyers eonh
be held In this city next Thursday. Messs Chandler
OF Washington, and Lowry, Of Ncw-fork. and other
counsel will be here them and the court VIII be asked 10
set time for hearing tho plea OF the Bell Company
against the jurisdiction OF the Ohio court Although
Judge Jackson Tennesscc unable TO be here both
sides seem willing to have the pre nnarles settled by
District Judge sage.
When the original petition was FLED by Judge Thur
man In March. all the telephone companies doing bus
ness in ONO were served with subp9nas to
answer before Juno l. The Deputy Marshals
report that while the wrs were served
personally none OF the parties would accept service
saying that they did not represent the Bell Ieephone
Company either partners or agents THIS appears 10
be the stand taken by the telephone people, ana they
plead that the court has no jurisdiction some
time ago Judge Harrison OF this city filed plea for the
Bell Company winch has never been published This
document declares that when the service OF oubppnas
pretended TO De made upon IT, TINS ie-
fcndant not inhabitant OF. nor fohnd ih Oiio
and has been seryed with process although pre-
tended return has been made upon said snbrGnas
The statement made that at all times the American
Bell Telephone Company has conducted It's business In
Massachusetts. and has never carried on the business
OF ephony OAc. The plea goes into the history or
two Bell patents referred to In the original pettloh'
averring that INTENDED TO aunul. cancel and destroy
them. The American Bell Company is declared tho
sole owner OF SAID patents. Tho claim Is made
that the cause Of action Is exclusively OF federal
origin, cognizance and jurisdiction. and IN no way
connected with TIE State OF Ohio An ex?lana-
ton OF the Bel CompIny's business methods In
ONO is added as follows: "Ihe company has always
been sole OF the sail two Bsi patents ani mas
never granted to person OF corporation defendant
or assi N All. rgi or interest in said patents,
gwen license make or sell telephones embracing any
OF the latsu;ei Ia 7rntOns Tue Bell Company deter
mined 10 grant licenses under Its patents To- use It's tel
ephonrs, aud gcnerAllJ carry ON the business SA.d
licensed corporations have carried on tat business III
tLe own nshl' ai1 no. Is S Is s,iun Msss AMI never
IN ono The licensed cDrurtiOn Transports ~ S own
risk an paws to the Dell Cosnpan, stipulated -um
per month in respect each teephode uns IL IS re-
iurned to tn Boil Company IA Massschu~etts; anu IN
Few cases II pa5s certain otner sums, 'at N no
case "a share OF profits. Tie American B II Telephone
Company does NOT drcct or control such bu'lne's bt
slcn steps have evor III fact been taken III Tile STATE
The Bell Company owns stock in tour corporations
named drLrndants, but ms majority OF stock ID 3niy
two them. rhc plea couciuics: " Ihe American Ben
Telephone CompIn mas not agreed TO suppy an ooun-
an salts aanst OF affecting tne rcnsrc
corpnr1tlons. cases. but npt III others.
agreed IN goDt science manufacturer ani iur-
n-h-r Of patented machinery may well acrce, that III
cnnsiler ion Of The license fce' pa 10 II IL VIII deen
snirs anst icensrr corporations brought OF the
ground tnai the telephones furnished by uElawIuiy
mfr. .nge y tents owned by others."
1ic further IisntDus curtain local telephone or
canzaOn, In Ono which are uamed as defen iants IL
this that not IN any sense associates OI the Ben
company.
The ali iavits of W. IT, Forbes, OF New Nork, president
Of the American j. il Tccph COmptny i appended.
stang rath the cts and declaring that Is not
mterposed Tor delay.