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William H. Swanson, Cross Examination. 751
Q. And that was the film manufactured by the Edison licensees, was it not? A. Yes.
Q. And that is all they could handle if they observed the terms of their agreement? A. If they observed it. There were conditions put in the agreement shutting out the use of others. I do not recall if that was precisely so.
Q. You prepared the by-laws for that Association, didn't you? A. I did.
Q. And you provided in those by-laws that the Film Service Association would dismiss a member if he purchased from Kleine or the Biograph Company? A. I do not recall any such by-law as that.
Q. Well, aside from its being a by-law, was that a rule of the Association, or the practice? A. It was the practice, yes, but not any written rule that I have any knowledge of.
Q. It was set out in the minutes of the Association that that should be done, wasn't it? A. Well, that I am unable to say.
Q. Didn't you swear so on your direct? A. Sir?
Q. Didn't you swear to that on your direct examination? A. Oh, no; I do not recall it.
Q. Didn't you answer at page 313, "Well, if any member of the Film Service Association had bought film from Kleine or the American Mutoseope & Biograph Company at that period, they would have been dismissed from membership of the Film Service Association. Then the Film Service Association was an ally of the Edison licensees ; could not handle any goods but theirs. Q. That was so provided in the agreement? A. Yes, not in the agreement, but in the minutes of the Association." A. Well, I had it more particularly in my mind at that time. Perhaps it was right,
Q. That is a fair inference from the answer, isn't it? A. Yes. I have no idea of denying —
Q. (interrupting) : No; but your idea is to keep close to the phraseology? A. Yes, at times my recollections of those things are not disturbed by outside things.
Q. Did Kleine withdraw from the Edison licensees because they would not permit him to release as many brands as he wished? A. That was the understanding. Or, the street understanding.
Q. Now, I ask you to look at page 316 of your direct