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 (1914)

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2578 James B. Clark, Direct Examination. the conditions of the Motion Picture Patents Company license agreement would not be enforced? A. No, sir. Q. Were you given to understand that this license was merely a formality, and that if some violations of it should occur it would not be cancelled? A. No, sir. Q. Do you recall whether or not in the license granted your exchange by the Motion Picture Patents Company there was a provision against subrenting by the exhibitor? A. Yes, sir. Q. Were you in favor of that provision? A. Yes, sir. Q. Let me ask you this: Were you the manager, the active manager of your exchange, prior to entering into the Edison license agreement, and the Motion Picture Patents Company license agreement? A. No. Mr. Kowland was really the manager. I looked after the financial end of it. Q. Were you conversant with the details of the business? A. YTes, sir. Q. Did you keep yourself thoroughly posted regarding its progress from day to day? A. Yes, sir. Q. Did you know whether or not there had been any complaints in the trade respecting subrenting on the part of the exhibitors? A. Yes, sir, there were. Q. Had your exchange had any experience in respect to subrenting on the part of exhibitors? A. Yes, sir, we had. Q. What was your experience in that respect? A. Well, we had trouble with the exhibitors at long distance, where we had long shipments, who would subrent the films to half a dozen other exhibitors before shipping them back to us. Q. Did that make any difference in your receipts and profits? A. Yes, sir, that was a loss to us. Q. Did that make any difference with respect to the condition of the film when returned to your exchange? A. Yes, sir. Q. What difference did it make in regard to that? A. The more it was used the worse its condition, and the older it got the lower the price would be for rental. Q. Did you favor, or were you opposed to the provision in the Patents Company license abolishing the practice of subrenting? A. I was in favor of it. Q. Do you recall when the practice for placing standing orders for film was adopted? A. I can't say that I know the exact time.