Evening star., 1938-12-20
Medical
Continued From First Page)

the business of operating such hos
pitfalls"
The jury's action was unprecedent-
ed in the annals of medicine in this
country, said Justice Department
officials, who declared there was no
record on file of antitrust action
against practicing physicians. 1t
was recalled in this connection, how
ever, that Attorney General Cum
mings, in discussing the investiga-
ton weeks ago. pointed out that
there was a precedent in English
jurisprudence. Organized medicine
in England once had been held
guilty of restraint of trade" he
said.
Section 3 of the Sherman Anti
Trust Act prohibits every con-
tract, combination in form of trust
or otherwise, or conspiracy, in
restraint of trade or commerce in
any territory of the United States
or of the District of Columbia.
Every person who shall make any
such contractor engage in any such
combination or conspiracy shall
be deemed guilty of misdemeanor." )"
The law provides penalty of one
year imprisonment, payment OF
$4,000 fine, or both.
No Bench Warrants Issued.
No bench warrants will be issued
for arrest of the physicians indicted,
it was learned. 1t is expected they
will appear in due course for ar
raignment, but when this will be has
not yet been determined.
Counsel for the defendants already
had studied methods of defense
even before the indictments were
returned. This was indicated in
previous preliminary skirmlshes
with the Department of Justice be-
fore Justice Proctor.
There we're even indications that
at least one question of law in
volved-Whether the Sherman Act
can be applied to a learned profess
sion-might be forced to the front
before the court battle goes into
the merits of the indictments them
selves.
Counsel for the defendants, it was
believed, might demur to the in
dictments, or move to quash them.
Whatever the next step may be, it
appeared certain that the medical
battle in court would be long
drawn-out affair, probably reaching
the Supreme Court of the United
States.
Jury Is Discharged.
The indictments were returned
shortly before II am. today to JUS
tice james M. Proctor in District
Court. Having completed its work
the jury then was discharged after
being on the case for nearly 10
weeks.
The jury gathered at $50 am al
its regular quarters in the New Po-
lice Court Building, and then pro-
ceeded in a body to the District
Court Building. They filed into
Criminal Court No l, and William
Adkins. clerk of that court, called
the roll, showing that all members
were present. After Foreman Will
liam N. Beall, real estate broker
had handed up the findings of the
body, he asked the jurist if he had
any instructions for them.
Justice Proctor then called to the
bench Special Assistant to the At.
torney General John Henry Lewir
and Assistant United States Attor.
ney Howard Boyd, and held a brie1
conversation with them.
Turning then to the grand jury
Justice Proctor said:
Il am informed by Government
counsel that your work is com
pleted. I therefore discharge you
Without knowing what you have
done yet, I express my thanks te
you, as do to all grand jurors anc
express appreciation for your serv.
ice.
Added to this, I extend my owr
personal wishes for all happiness
during the Christmas holidays"
Papers Given Court.
The foreman handed a packet o1
papers to Justice Proctor, who hac
not read their contents at that time
and even those in the courtroom
did not know at first whether ar
indictment had been handed up OF
not.
The members of the additiona
grand jury then filed silently from
the courtroom and the jurist pro.
ceeded to hear another case.
Although the indictment is di
rected more specifically agains
pressure directed by defendant
against G. H. A., the grand jury re-
ferred pointedly to alleged activ'
tiles of the defendants against sim
liar organizations throughout tn,
country.
principally for economic rea
sons" charged the grand jury, "ant
because it has feared for its mem
bers, business competition from tn
doctors connected with organiza
tions in which doctors engage ii
group practice on a risk-sharin
repayment. basis, defendant Amer
ican Medical Association, and tn
individual defendants employed b
said defendant association hav
adopted and. for many years hav
pursued policy of opposition t
experimentation with such organ
izations, and have taken afflrmativ
steps to oppose their formation an
operation throughout the Unite,
States"
The Harris County Medical So
ciety of Texas, one of the defend
ants, recently cleared DR.. Raymon
E. Selders, medical director of G. F
A., of charges of unethical practic
leveled against him through in
stignation of the District Medics
Society.
Pediatrician Has Appealed:
DR.. Mario Scandiffo, pediatricia
of G. H. A. who was dismissed fror
membership in the Medical SocietA
has appealed to the Judicial Counc
| of the A. M. A.. which has set