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Mr. Lewis was very objectionable, and that he felt if such a thing was done the transfer to the George Melies Company of the Edison licenses had been obtained in bad faith. Mr. Lodge stated that a majority of the stock had not been sold to Lewis, but that '^50 shares out of a total capitalization of 760 shares had been sold to Lewis, and that the stock of Lewis, Carter and Lodge was all held by two lawyers in Chicago named Howe & Dunn, as trustees; that the control of the business affairs of the George Melies Company was vested in an Executive Committee, which was composed of Max Lewis and himself, and that it was agreed that if he and Mr Lewis were unable to agree upon any question, the matter sliould be arbitrated by the two trustees, and if the tiustees failed to agree, the question should be left to the arbitration of one of the municipal juilges of Chicago (Dyer, p. 340; 8elig, p. 295 et seq.; bpooi-, p. 277-8).
Lodge di'l not show or offer to show the trust agreement to Dyer, and as will be presently seen, he misstated the real facts with respect to the trusteeing of the stock and the control of the company.
Mr. Lodge then said that if Mr. Dyer would come to Cliicago ho would be willing to submit the books of the Gt'orge Melies Company to him to verify his statement. Mr. Dyer stated that be would go to Chicago and try to straighten out the matter, but before the four of them, to wit, Dyer, Lodge, Selig and Spoor, left the room where the conference was going on to attend the meeting of the licensees which was then going on in an adjoining room. Lodge said that he would not let Mr. Dyer see the books of the George Melies Company unless he had an equal opportunity to examine the books of the Selig and Essauay Companies. Selig and Spoor both declined to permit their books to be examined, as they saw no reason why such an examination sliould be made, and theieupon Lodge withdrew his offer to peiinit an exaujination of complainant's books (Dyer, p. 841; Selig, pp. 29t)-7; Spoor, p. 2H6j.
Mr. Dunn, one of these trustees, was the attorney for Lodge and Mr. Howe, the other, for Max Lewis.
Mr. Dyer thereupon stated to Lodge that he had been