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)

Record Details:

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Houston N. Morgan, Direct Examination. 2773 Q. I am speaking now of your experience as the manager of a licensed theatre in 1909 and 1910 prior to the — A. In 1909 and 1910, I was running, I myself was running a theatre running the unlicensed. Q. At that time you were running the unlicensed? A. Yes, sir; the unlicensed at the McKinley Theatre. Q. Yes. Now, going back prior to that period, were you managing a motion picture theatre which was using the licensed service prior to 1910? A. Yes. Running the licensed program? Yes, sir. I was running the Hamilton Theatre on Hamilton and Plymouth, Hamilton and Plymouth Place in St. Louis. Q. When you were running the Hamilton Theatre and using licensed service, from what exchange were you securing your service? A. Western. What was called the Western Film Exchange, owned by the Aitken Brothers. Harry Aitken and his brother. Q. Did you have any difficulty at that time in securing a program which you could announce in advance and advertise? A. None whatever. Q. Did you have at that time any experience of competition, or did any knowledge of competition in which other houses, motion picture houses were involved, come to your attention, where unfair advantage was taken of advertising of the programs in advance? A. Yes, I remember an incident where I was merely employed at the theatre. I was not financially interested in the theatre. I remember a very particular incident where I thought a great injustice was done to the exhibitor. The Favorite Theatre on Cherokee Street had advertised extensively and had made arrangements with the Western Film Exchange to produce on the release day, a picture gotten out by the Selig Polyscope Company called "Custer's Last Fight." They advertised it extensively in that neighborhood to be produced that night, that is, the evening of a certain day. I could not tell the exact day. I remember very well the gentleman I was working for, Mr. Weinburg, Fred Weinburg, when lie seen the advertising matter of his opposition theatre, he immediately got in communication with the Yale Film Exchange in Kansas City and got "Custer's Last Fight" and produced it in the afternoon before the other man could produce it that evening. I remember that very distinctly. Q. Where was the other house to get its picture from?