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Louis Rosenbluh, Direct Examination. 429
or the daily productions, or what is known as the different releases coming out from time to time? A. Yes, sir. Of course, I might add that an exchange has the privilege of ordering any particluar picture to be reproduced after a few months after it was originally put on the market, but there is not any use for such film, because it cannot be used successfully and profitably for the exchange. To use it once or twice, nobody will pay sufficient for it,
Q. And one exchange cannot go to another exchange and ask for the loan for such a film for a day or two? A. No, sir.
Q. Or obtain it at a nominal price? A. No, sir.
Q. Are these projecting machines today sold to the exhibitors regardless whether they are so-called licensed exhibitors or not? A. They have always been sold that way, today as any other time. There has never been any distinction in the sale of the machine as to whether or not it is going to be used at any particluar theatre or place.
Q. The theatre which does not obtain the so-called licensed film gets the machine but pays no weekly tax, is that right? A. Yes, sir.
Q. Then the tax or weekly fee of $2.00, or royalty, is not based, as a matter of fact, upon the kind of machine in the possession of the exhibitor, but is based upon the source of supply of film used by the exhibitor? A. The royalty is paid only while licensed film is supplied to a theatre.
Q. Yesterday you referred to a notice sent out by Mr. Dyer, relating to the return of licensed film in the year 1908, during the period of the Edison licensees. That was objected to on the ground that you stated the contents of a notice without the production of the same. Is this paper which I show you, being a printed Bulletin entitled "Bulletin No. 27" dated October 5th, 1908, signed "Frank L. Dyer, General Counsel" the paper to which you refer (handing paper to witness)? A. (Witness examing paper) : Yes, sir.
Mr. Grosvenor: This bulletin is introduced in evidence, and counsel refers to the testimony of the