In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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1026 Charles W. Boyer, Cross Examination. I should like to be set clear as to these pictures, whether we have or have not the right to play them when furnished by a Company playing the House on percentage. An early reply will greatly oblige, Yours very truly, Chas. W. Boyer. Rubber stamp Received 1913 Jan 21 AM 11 20 Ans 1/22/13 J. B. File, J. B. By Mr. Kingsley: Q. What do you refer to in your letter there when you say "Beg to advise you that on January 3rd we played Homer's Odyssey as a regular attraction on percentage, just the same as we play Lyman H. Howe?" A. Well, in the theatres that I run, we do not run pictures exclusively. The theatre in Hagerstown and the theatres in Chambersburg we play road shows, one-night attractions, for instance, like mintrels or dramatic shows, repertoire shows, and among the onenight attractions that we play every season, we play Lyman H. Howe twice. Howe has made a great success in the moving picture business, that is, by his program, travels, and so forth, and he is a big favorite, and his name is coupled with his pictures, and is a big drawing card for us. And when I mentioned that we played Homer's Odyssey as a road attraction, I meant just the same as we play any other road attraction. We play them on percentage. Q. You are referring to the percentage basis? A. Yes. This show was booked from New York, and we played it on percentage. Q. So that a large number of shows that come to your place, you play on percentage? A. AVhen the shows come, we lay off the pictures, but we pay for them just the same. Q. What kind of projecting machines did you say you were using at the two theatres? A. At the Rosedale, an Edison. At the New Theatre, a Powers No. fi. Q. You had an exhibitor's license, didn't you? A. Well, I have never seen one. Q. You never saw one? A. No, I am supposed to be paying a license to my exchange.