In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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1184 James J. Lodge, Cross Examination. an employe of our Company left that Company in the Summer of 1910, induced, as I have always believed, by the Motion Picture Patents Company and others, and organized the Melies Manufacturing Company. My Company, the George Melies Manufacturing Company, was one of the original "licensed manufacturers'' under license granted by the Motion Picture Patents Company in or about December, 1908. Such a license was signed by the Patents Company and by myself in behalf of my company, and nothing remained but to attach the seal of the Patents Company. The license was left with Frank L. Dyer, President of the Patents Company, for the purpose of having the seal of his company attached and on his promise to have the seal attached and forwarded to me in Chicago. The license never was forwarded to me, and I saw such license, for the first time since its execution, about 12 months ago, in the course of taking testimony in a suit brought by my company against the Motion Picture Patents Company to compel the Motion Picture Patents Company to deliver the license and specifically perform its undertakings therein. That suit is pending in the United States Circuit Court for the District of New Jersey. The licenses granted by the Patents Company to the so-called licensed manufacturers were identical in terms. One of the provisions of each of those license agreements was that the licensed manufacturer covenanted not to supply film to any film rental agency which was not licensed by the Motion Picture Patents Company. It was agreed among all the licensed manufacturers and the Patents Company, at the time when the license agreements were made, that the licensed manufacturers were under obligation to and would furnish the film manufactured by them, respectively, to all film rental agencies in the United States that were licensed or should be licensed by the Motion Picture Patents Company. This was a frequent subject of discussion at meetings of the licensed manufacturers with officers of the Motion Picture Patents Company. One or more officers of the Patents Company, usually Mr. Frank L. Dyer, the President, or Mr. Marvin, the Vice-President, or Mr. Kennedy, the Treasurer, were almost always present at meetings of the manufacturers. The agreement and obligation of the licensed manufac