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commerce to wit, positive proofs or films of moving pictures or talking films contrary to the Criminal Code, sec. 498, sub-sec, 1(a).
As indicated the first count is a charge under the Combines Act and is evidently laid with a view to establishing as the foundation of the charge the existence of a combine as defined by Clauses (1) (c) (v) of Sec. 2 of The Combines Investigation Act, the language used in the count being almost identical with the language of these three clauses. The other two counts are both laid under Section 498 of The Criminal Code.
Both under the Code and under the Act the accused in a case of this kind are given the right to elect to be tried without a jury, and at the opening of the trial counsel for some of the accused took the position that they should not be called upon to make one election in respect of all three counts since they might conceivably desire to elect differently in respect of the count laid under the Act from their choice as to the counts laid under the Code, and it was contended that the Crown should elect whether or not it would proceed under all the counts before the accused were required to elect as to how they should be tried. It not appearing that any of the accused definitely stated that he or it desired to elect trial by jury under one of the counts and trial by myself without a jury under the others, I declined to do as the accused Suggested and required them to elect on the indictment as it stood. Whereupon all the accused, without prejudice to the objection taken by all of them, elected to be tried by me without the intervention of a jury, and the trial thereupon proceeded in that manner.
The moving picture industry is, of course, a growth of comparatively recent years and has assumed enormous proportions and has become very highly specialized. Those concerned in the industry may be divided into the producer who makes and owns the pictures and the copyright in respect of it and of which the film 's the reproduction, the distributor who is a kind of middle-man engaged in selling to the theatre owner the right to produce for a limited period of time the films handled by him and obtained by uae the producers, and the exhibitor who is the owner or
of one or more theatres engaged in exhibiting to the public
the finished Picture, ee the Corporations charged Famous Players Canadian ration, Limited, and B. & F. Theatres Limited, Theatre Holdaa Corporations Limited, and Premier Operating Company, Imited are exhibitors and are the owners or lessees or otherwise
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