Evening star., 1938-11-30
Move 70 Qudsh
Subpoena on
"A. N. A. Loses
Court OyerruIes
Medical Units
Counsel

| ouotlCc OdIIlcS M. HIOCIOI, III LIS.
trict Court today, overruled a mo-
ton to quash subpoena, requiring
the production of documents and
papers of the American Medical AS
| sociation, before the additional
grand jury here, now conducting an
| inquiry here into organized medicine.
The jurist said that the papers
are well identified in the subpoena
duces tecum presented by the De-
partment of Justice to be served on
the A. M. A., whose headquarters
are in Chicago, ILL.,, and that the
| periods of time to be covered by the
search are not necessarily un-
reasonable.
Justice Proctor disagreed with the
view of counsel for the association,
that the papers called for by the
subpoena are irrelevant and incom-
petent' to the inquiry, and further,
Justice Proctor disagreed with the
view of the associations lawyers that
the investigation concerned matters
in which the court would have no
jurisdiction, and the tribunal should
now determine these basic questions.
The Courts Ruling.
Justice Proctor's ruling, set down
in a memorandum opinion on the
motion to quash the second sub
poena duces tecum to the association,
| follows:
"A recent subpoena duces tecum to
the American Medical Association
was partially quashed, as unreason-
able and oppressive because of its
sweeping requirements. This SUBJ
poena is intended to overcome those
faults. think it does so.
THE desired papers are well iden-
tilted. The periods Of time to be
covered by the search. although
longer than the statutory period of
limitation. are definitely fixed. and
not necessarily unreasonable. having
in mind the nature of the inquiry.
| The papers required, it is under
stood, are only those which may now
be in possession of the association or
its officers.
NJ OHUuc DllllCulty SccH.
II see no reason why the associa-
/ ton cannot comply with the SUBJ
poena without undue difficulty or
hardship, if its papers have been
kept under any efficient system Of
| filing.
Counsel for the association again
contend. that the papers described
by the subpoena are irrelevant ana
incompetent to the subject matter
of the inquiry before the grand jury
and that the matters being investi-
gated cannot by their nature involve
any violation of the Sherman Anti
trust Act, in respect of its local or
interstate provisions. 1t is there
fore argued that as the investigation
concerns matters of which this court
would have no jurisdiction, the pro-
ceeding cannot legally form the
foundation for issuance of the sub
poena. 1t is insisted that the court
should now determine these basic
questions.
"A. NJ. A. Has No Status"
Il cannot agree with these con-
tentions. The virtual effect of the
propositions to now pass upon the
admissible quality of evidence
sought for production before the
grand jury. or produced before it,
and to determine vital questions of
jurisdiction, would be to require a
close and detailed supervision by the
court Of the grand jury process in
this investigation which. 1 think,
can find no proper support in
the historical background and
development Of the grand jury
system, or the we'll established
rules of criminal procedure.
Moreover, the present inquiry
before the special grand jury is of
an original nature Neither the
American Medical Association nor
any other party has been held for
action of the grand jury upon any
criminal charge. The inquisition
has its origin with the grand jury.
There are as yet no defendants.
There may never be any. Hence, at
this stage of the proceedings, the
association has no such status as
entities it to raise any of the vital
questions now urged upon the court.
In my opinion, the motion to
quash the subpoena should be over
ruled, and it is so ordered"
Meantime the additional grand
jury proceeded today in its seventh
week, to hear two more physicians
presented by the Department of
Justice in efforts to show the Amer
ican Medical Association had acted
in restraint of trade" to violate the
Sherman Antitrust Act.
They were: Dr. H. Clifford Loos of
the famous Ross-Loos Medical
Group, Los Angeles, Calf, and DR..
George r. Stevenson of the San
Diego Beneficial Society, San Diego,
Calf.