BUSINESS JURISDICTION OVER NONRESIDENTS 891

be supported. The Kentucky statute provided for service upon an agent in charge of the business. The person served in Flexner V. Farson had ceased to be an agent at the time when process was served upon him. Service therefore was not in accordance with the terms of the statute, and hence was insufficient.^^ The deci- sion is therefore reconcilable with the principles advocated above; and it is to be hoped that the Supreme Court of the United States will not feel that it is precluded by the decision from holding that a state may validly provide for service of process upon non- residents doing business within the state, by service upon an agent, in actions arising in the state out of the business carried on within the state. Austin W. Scott. Langdell Hall, Cambridge, Mass. " See People's Tobacco Co. v. American Tobacco Co., 246 U. S. 79 (1918).