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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Jeremiah J. Kennedy, Direct Examination. 3205 programs, they may stifle each other's business? A. Where the programs are different, the patronage of each is very much greater. More patrons are drawn to the locality in which both theatres are located, whereas if the programs are the same, each kills the other; in fact, the same amount of patronage may be said to be divided between two theatres to the injury of both. Q. Is it a fact, nevertheless, that in spite of the various causes which enter into an exhibitor's selection of his program, that more copies of a popular make are leased than those of a less popular make? A. Yes. The exhibitors demand of their exchange a relatively larger percentage of the more popular subjects, or more popular make, and this in turn creates a demand for such production to the benefit of the producer. Q. In your experience as a producer of motion pictures, have you ever made any picture or pictures, the first cost of which was so great that you knew you could not get a satisfactory direct return, but did so for the purpose of stimulating the business and increasing the popularity of your own productions generally? A. It has been a common practice amongst the licensed manufacturers, with whose work I am familiar, to produce at times pictures of such merit and cost, that the volume of business cannot possibly bring them back their direct expenses in producing such pictures. They do this for the purpose of maintaining the reputation of their make of pictures, and to keep their general average as high as possible in the estimation of the exchanges and the exhibitors. Q. And they go still further than that, do they not, and also seek the approval of the public itself? A. Yes. They do that in various ways, such as by extensive advertising, and in every way possible. Q. Do you recall having had negotiations on behalf of the General Film Company with one Warren R. Palmer, for the purchase of the motion pictures, stock and supply of the Motion Picture Supply Company? A. I had negotiations with him, and with his associate or partner, named Mock. Q. Do you recall what arrangements were made for the payment of the moneys which the General Film Company agreed to pay for the property bought? A. The price was agreed upon, and the form of contract was went to Mi-.