Evening star., 1938-10-04
SPECIAL JURORS
CALLED To HEAR
MEDICAL DISPUTE
Venire to Be ImpaneIed on
October II to Consider
Justice Evidence.
RESTRAINT OF TRADE
CHARGES TO BE MADE
900 Persons to Be Summoned
for Inquiry in Unprecedented
Antitrust Action.

An extra grand jury will be i'm
paneled in District Court October II
to hear Department of Justice evil
dence Of alleged restraints Of trade
by the American Medical Association
and the District Medical Society In
connection with the fight against
Group Health Association, Inc, under
an order issued today by Chief Justice
Alfred A. Wheat.
While the order mentioned only that
the additional jury was required by
"exigencies of public service" Chief
Justice Wheat issued it at the request
OF several special assistants assigned
by Attorney General Homer Cum
mings to conduct the unprecedented
antitrust action against the medical
organizations.
United States Attorney David A
Pine presented to the jurist a certifi-
cate advising the court of the urgent
necessity for calling of the special in
vestigative group, after consultation,
with the special assistants to Mr.. Cum.
mings. Some $50 persons will be sum
moned and from these will be picked
the % grand Jurors who will hear the
Governments case.
Last Convened In 1895.
Court attaches said the last extra
grand jury was convened in 1885 tc
inquire into conspiracy charges filed
against a group Of Texans and Pub
lie Works Administration official in
connection with an alleged conspir-
acy to defraud the Government.
The Department of Justice pre-.
viously had announced it was prepar.
ing to conduct a grand jury investiga-
ton OF numerous complaints" that
the American Medical Association and
the District Medical Society violated
the Sherman antitrust law when they
"obstructed" the functioning OF Group
Health Association, Inc.
Presenting the draft Of the order to
Chief Justice Wheat were United
States Attorney Pine and his associate
Assistant United States Attorney
Howard Boyd, Allan Hart, Grant
Kelleher and Douglas Maggs, all OF
whom are special assistants to the
Attorney General. Department off,
cials said later that these men have
been primarily concerned recently
with working up the Sherman anti
trust case to be presented to the extra
grand jury.
2l-Day InvestiEation,
> The investigation probably will take
II days. The chief justice was ad-
vised that to present the matter to
the regular grand jury would impede
and embarrass the orderly processes of
law.
Ofdcials said there is no provision in
this Jurisdiction for the calling of 4
so-called blue ribbon" grand jury.
1t has been indicated that testimony
will be submitted to the grand jury
regarding the expulsion from the Dis
trict Medical Society of the staff pedia-
trician OF Group Health Association
and about reported "boycotts" of Group
Health physicians by hospitals and
physicians. Similar expulsions have
occurred in California, Oklahoma, Wis
consin and other States.
Only District Activities.
Because the Sherman Act limits au-
thority of the Government to inter-
state cases involving restraints of
trade" except in the District of Co
lumbia, the jury will be asked to act
IN connection with the District activi-
ties only.
The Government will contend that
the practice of medicine is trade
within the meaning of the Sherman
Act. The A. M. A. has announced its
determination to fight this interpre-
tation through to the highest court ii
necessary.