Evening star., 1938-10-09
29-Kear-OH Attorney Named
To Lead Medical Trust Probe
Allan, Hart attracted
ArnOId's attention
While at Yale.
Nv REX COLLIER.

A youthful attorney VINO only IouI
years ago was expounding at Yale UNI
versity upon Government control OF
business has been assigned by his Tor.
mer faculty associate, Assistant Attor-
ney General Thurman Arnold. to
major role In the Governments i'm
pending action against the medical
profession.
He Is 29-year-old Allan Hart. for
mer assistant United States attorney
at Portland, Oreg.. who was brought
here by Trust Buster Arnold last
May to aid in the administrations
purge of business. He was appointed
a special assistant to the Attorney
General, and soon found himself IN
the center of the antitrust proceed
ings of the United States VS.. the Amer
lean Medical Association, ct al.
Prepares List Of Witnesses.
Mr.. Hart could not call himself 70
years old until yesterday. He cele-
brated his birthday anniversary by
joining with legal associates in pre-
pairing q list of approximately 100
persons to be subpoenaed this week to
appear before a special grand jury
which will convene here October II.
Many of the subpoenas will be OF
the duces tecum variety, requiring wit
nesses to bring with them sundry rec!
ords bearing on the Justice Depart
ment's charges that the A. M. A. and
It's local affiliate. the District Medical
Society, violated the Sherman Anti
Trust Act in opposing Group Health
Association, Inc. Some of the wit
nesses, 1t was learned, will come from
distant points.
Mr.. Hart frst came under Mr..
Arnold's appraising eye when the latter
was q professor at Yale Law School
and the former was a law student,
fresh from Stanford University with
an A. B. degree. Mr.. Hart was not an
ordinary law student, his instructors
soon found out, and three years after
matriculation, he graduated from Yale
Law School at the head Of his class.
He distinguished himself also as 4
contributor to and stan member Of
the Yale Law Journal.
Returned to Yale.
After his admission to the bar In
Portland In 1884, Mr. Hart returned
to Yale for postgraduate work. spe-
cializing in public law. 1t was during
this period that he became an instruc-
tor in public law in general and Fed
eral regulation Of business in particu-
lar. He went back to Portland in
1885 to practice law, and q year later
was appointed an assistant United
States attorney there. He served in
that capacity until summoned to
Washington last spring for duty in
the Antitrust Division Of the De-
partment Of Justice.
Working closely with Mr.. Hart on
the medical case is John Henry Levin,
another special assistant to the Attor-
ney General, who aided in the prosecu-
ton at Madison, Wis, last January
of oil firms and individuals charged
with price fixing.
This pair OF special assistants. will
present the bulk Of the Governments s
evidence against the forces Of organ
lied medicine" as represented by the
A. M. A. and the District Medical
Society.
Made Intensive Study.
They have made an intensive study
Of activities of the A. M. A. not only
here but in California, Wisconsin and
other States. Indictments will be
sought only in connection with alleged
restraint Of trade" by the A. M. A.
and the local society in the District
OF Columbia. The restraint" 1t will
be charged, was exercised against
Group Health Association, Inc, q pre-
payment cooperative" rendering
medical services at low cost to Federal
employees.
The alleged restraint" Mr.. Arnold
has asserted, included expulsion from
the District Medical Society of one Of
the associations physicians and cur
failing Of courtesy privileges" at hos
pitak.
Mr.. Hart and his colleagues have
made elaborate preparations to show
that the practice of medicine is a
trade" within the meaning OF the
antitrust laws, and that "obstruc-
zionist" activities of the sort charged
against the medical organizations con-
stitute restraint of trade"
There will be no effort to show that
the American Medical Association is
Nationwide monopoly" under the
Sherman Act definition, although the
departments original announcement
in the case made reference to a medi-
cal monopoly. Under the Sherman
Act the Government must show that
interstate commerce is affected by the
alleged monopolistic activities, except
in cases arising in the District OF
Columbia. That is why the depart
ment is concentrating on the WASH
ington situation. 1t hopes to gain a
verdict that will lead the A. M. A.
to drop its fight against medical Co
operatives" in other parts OF the
country.
New System In Florida.