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William Fox, Direct Examination. 665
up to the terms of the agreement." I said, "Now, let me understand what you mean by living up to the terms of the agreement?'' I said, "You know, MacDonald, that in the meeting room I made it very clear and distinct that the thing was drawn in a technical way and that there were a thousand different petty excuses you could manufacture by which you could justify your cancellation of this license, and in that way put us out of business." And he said, "Why, Fox, we do not intend to do anything that is going to be technical at all; there are only two of the provisions that we are going to enforce, and they are, one, that you pay for the film you lease from us, and the other, that you do not rent this film to anyone who does not receive a license from the Motion Picture Patents Company. In other words, we want to control the exhibitor and we want to control the film renter," and on that assurance I advised my company to sign that license agreement.
Q. Were there any other adequate sources of supply of film outside of the manufacturers who had taken out licenses with the Patents Company? A. In my opinion there was not enough of it, and what there was of it was bad, and a man would simply ruin his business to try and exhibit it.
Q. Then afterwards, that is, in the years 1909 and 1910, and down to the present time, you were doing business as a licensed rental exchange? A. Yes, sir.
Q. WTere there in the year 1909 other licensed rental exchanges doing business in New York City? A. I think there were eight or nine of them that had licenses. Can I see that list again? That will give us the exact number.
Q. Well, that is, approximately? A. Yes. ,
Q. When did the General Film Company enter the field in the rental business in New York City, approximately? A. If you will be good enough to let me refresh my memory, I have some data in that affidavit there.
Q. I show the witness an affidavit dated December 16th, 1911. Is that a copy of the affidavit made out by you on the date stated? A. Yes, it is.
Q. That is in the case of The Greater New York Film Rental Company against the Motion Picture Patents Company and others; I show you that for the purpose of refreshing your recollection. A. (after examining paper) : The General Film Company entered business about April or May, 1910.