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William II. Swanson, Direct Examination. 315
meeting. We adjourned the Pittsburgh meeting to Chicago, and then met again at Buffalo, and later on in New York. Q. Do you recall any suits being brought against Kleine or any of Kleine's customers in the year 1908? A. I recall about 30, between 30 and 33 suits that were brought in Chicago against exhibitors that were using his goods, by representatives of the Edison interests.
Mr. Caldwell: Objected to as hearsay.
Q. State whether or not you had any conversation with Mr. Frank L. Dyer of the Edison Company, in connection with the bringing of those suits? A. I had a number of conversations with Mr. Dyer regarding that matter.
Q. State to the best of your recollection what he said, and what you said, and what was done? A. At the first meeting with Mr. Dyer, I had in Chicago, regarding Mr. Kleine and the Independent Film, as we called them, I called his attention to the fact that Kleine had interested a man named Seaver of Chicago, and that they were very active, and that they had cut the price of service to something that we had never dreamed of doing. It seemed to be in the neighborhood of $15 per week, and they were making long contracts for a period of six months with exhibitors that would sign up with them at that price, notwithstanding the fact that we considered that a price that would ruin any business, and Mr. Dyer said then he thought he could find a way of preventing it, and stopping it. I asked him how, and he said that he would have Mithin —
Mr. Caldwell (Interrupting) : Who?
A. An attorney in Chicago, and who was then Western Secretary of the Film Service Association, assist him in bringing suits against these exhibitors. Mr. Mithin was never used for that purpose, but other attorneys, of whom I do not recollect the names, were used for the purpose of bringing suits against thirty or more exhibitors, some of which I attended in Court, and the purpose of Mr. Dyer, as he stated, was to bring a multiplicity of suits, and harrass them to such an extent that they would eventually quit using Mr. Kleine's goods or any other person's goods, or the Ass<>ciation, as it was called. Of course, the Association had noth