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3232 Jeremiah J. Kennedy, Cross Examination.
and during the year 1911? A. The Executive Committee had no by-laws, and if it had held any meetings, the minutes would have been kept in accordance with the requirements of the company's by-laws.
Q. The by-laws of the General Film Company, Petitioner's Exhibit 01, printed in the Record, page 201 et scq., provide, Article VI, Section 9, "Executive Committee," the third paragraph in that section; "The Executive Committee shall exercise all the powers of the Board of Directors while the Board is not in session; shall keep minutes of the business transacted at all its meetings, and shall report to the Board of Directors at each meeting of the Board, all the business that it transacted since the last meeting of the Board.' You may state whether or not any minutes were kept of the meetings of the Executive Committee in 1910 and 1911. A. No minutes could have been kept, for the reason that there were no meetings.
Q. You constituted the Executive Committee? A. No, I was Chairman of the Executive Committee, and I drew those by-laws, and the Executive Committe was merely an emergency body to act more quickly than the entire Board could be brought into action.
Q. And you, in your own person, exercised all the powers of the Executive Committee, conferring over the telephone with Mr. Smith and Mr. Berst, the other members of the Executive Committee? A. At their request, I acted for them and reported to them informally.
Q. What was this dinner at which the subject of forming such a rental exchange, that is, a rental exchange owned by the producers, was broached? A. When was it?
Q. Yes. A. I think it was on December 20th, 1909.
Q. Was that a meeting held in celebration, that is, on the anniversary of the birth of the Patents Company? A. For convenience, we arranged to get together once a year and discuss all our grievances with each other. It was a purely social affair.
Q. That was an idea which you sprung upon the others on the occasion of this anniversary of the formation of the Patents Company? A. It was a suggestion that appeared to me to go right to the point of the difficulties.
Q. How many reels does the Biograph Company produce today, a week? A. Well, that is indefinite. It pro