Evening star., 1938-10-01
OTHER CITIES Join
IN MEDICAL CASE
Cummings Aide Says Many
Complaints Received
Against Societies.


The Department Of Justice, which
IS preparing to present to a grand
jury soon its case charging "retraint
OF trade" against the District Medical
Society and American Medical As
sociation here. has received numerous
complaints about "the coercive prac-
tices and restraints employed by or
ganized medicine in various other
cities throughout the country"
This was explained today by Charles
Pearce, special assistant to the At
torney General, in an address to the
New York Women's Trade Union
League at the Russell Sage Founda-
ton, in New York City.
Mr.. Pearce discussed at length the
long pending conflict between or
ganized medicine and Group Health
Association here. He went into de.
tail OF charges and counter-charges
IN the controversy over cooperative
medicine, which led up to complaints
that the medical societies we're yio-
lating the Federal antitrust laws,
specifically Section 3 of the Sherman
Antitrust Act, which declares illegal
every combination or conspiracy
in restraint Of trade - in - the
District of Columbia or between
the District of Columbia and
any State or States ~
Formula Is Familiar.
But he went further than the local
case. Although the practices divulsed
IN the Washington Group Health case
concern especially the District of Co.
lumbla and the members of this group
association, the formula of illegal pro-
cedure there pursued by organized
medicine is Of familiar pattern which
has been,used elsewhere" the speaker
declared
The Department OF Justice" he
said. has received numerous COM
plants about the coercive practices
and restraints employed by organized
medicine in various other cities
throughout the country and 1t has
much information in its files regard
ing these group conflicts between
health co-operatives and oraanized
medicine. These facts must of ne
cessity be kept confidential, but those
who are interested in the general sub
Ject Will ind an Informative discussion
OF the problem in an article appear
ing in the September issue of Har-.
per's Magazine entitled The Doctors
Face Revolt" in which the author
has pictured struggles occurring in
other parts Of the country. Upon these
backgrounds. the author says. or
sanized medicine has again fought
with every weapon which came to
hand" 3,
Recent group conflicts here in the
United States. the speakAr said. had
close parallel in q case in England,
where the courts held British medical
societies guilty Of restraint of trade
in exerting pressure against dis
pensary.
Obliged 10 Enter Case.
Mr.. Pearce declared the Department
OF Justice was not primarily con-
cerned with the merits or dement's
IA hAiy Pa1 pAluAdl syStSIIl N IHSlllOQ
OF group practice or health organiza.
ton" But, he insisted, lit is obi.
gated however, to see that restraints
OF trade and coercive practices are
stopped, and it is duty bound to pre-
vent the employment of any artificial
lmpedlments by organized groups who
desire to escape competition from the
various sincere and laudable attempts
which may be made from time to
time by our citizens to bring down
within practicable limits and control
the cost of necessary medical care"
Mr.. Pearce explained he did not
pretend 10 convey the official atti-
tude" Of the Department of Justice
and that he was not identified with
the Group Health case
Attorney General Cummings re-
Gently indicated that specific action
against organized medicine both local
and national, now is directed by the
Department OF Justice in the local
case only He insisted that no mo
nopoly charges were involved, but
only restraint of trade"
Additional Grand Jury.
Meantime it was indicated else
where that the Department OF Justice
may ask for an additional grand
jury soon to hear the case against
organized medicine here.
new regular grand jury Is ex-
pected to be empaneled early next
week to handle regular criminal cases.
But as 1t time will be largely occupied,
there are indications that an addi-
tional grand jury may be called to
take care of the medical case.
Court authorities said that $50 per-
sons are being summoned to appear in
District Court on Tuesday for jury
duty during the October term. Out of
this number SIX petit juries will be
drawn, together with % names for the
regular grand jury. Although there
are only II on petit jury, 26 names
are drawn In each case, to provide for
sickness, authorized absences, excuses,
etc.
If an additional grand jury is au-
thorized. officials said, a special draw
ing OF names by the Jury Commission
will be necessary in order to get the
% women and men who VIII inquire
into the activities of tn. American
Medical Association and the District
Medical Society.
Ordinarily, physicians and surgeons
are exempt from any kind of jury duty
in the District, so that it is extremely
unlikely that any would be picked to
sit on the additional grand jury. In
addition to doctors, lawyers who are in
active practice, steamboat captains.
persons in the Army, Navy, Marine
Corps and Coast Guard. as we'll as
heads of hospitals and almshouse
keepers are among those exempted