Evening star., 1938-11-17
Medical
Continued From First Page)

ing a large nine-story building in
Chicago, have not been challenged
In any way. The statement seems to
be fair when one visualizes the stu
alton In the light Of the sweeping
terms of the subpoena. To fully and
strictly comply Herewith every pa
per Of whatever nature containing
the slightest reference to the 10
named organizations and persons for
the periods specified must be found
and produced. In most cases the
dates 60 back to 1880; in one case
to 1916. In addition 1t would be
necessary to find over q period Of
about four years all papers Of every
kind containing any possible refer
ence to persons or bodies engaged in
providing. proposing or attempting
to provide prepaid medical care
or low-cost group medical prac-
tice. The marks for identifying
these papers are not prescribed SUBJ
jects that might have some possible
relevancy to the nature Of the grand
jury's investigation. The only means
for finding them is to examine all
papers for some reference, however
casual or unimportant, to specify
classes of persons, apparently large.
who may IN any way have beer en-
gagged in any movement to promote
prepaid or low-cost group medical
service Moreover, it is presupposed
that the association knows the
names Of all those so engaged.
Doubtless many are known. but 1t
seems likely they would be met with
great difficulty and uncertainty In
attempting to identify all. In few
of these considerations, I cannot but
regard the provisions Of the first
and second paragraphs of the sub
poena as imposing an unreasonable
and oppressive burden"
The justice said he did not think
these provisions Of the subpoena
could be justified by the decision Of
the Supreme Court in Brown vs..
United States, 276 U. S., 1874, as coun-
sci for the Government contended.
Requirements Reasonable.
He then continued:
LAS to the third paragraph of the
subpoena. am Of the opinion that
its requirements are reasonable. It
does specify with reasonable par
ticularity the subjects to which
the desired documents relate. It
can also be seen that such papers
may have some material theory upon
the grand jury investigation. Al
though the period of time involved
is quite long, I do not think it is
sufficiently 50 to be deemed unrea-
sonable in view of the nature Of
the inquiry. With the subject mat
tiers so we'll defined. there ought
to be no great difnculty in making
the search and according their
compliance with the requirements
Of this part of the subpoena. If
In view of the interruption caused
by the motion additional time Is
needed, I have no doubt counsel
for the Government will be pleased
to arrange It,"
Although Justice Proctor elimi-
mated q paragraph IN the subpoena
naming Group Health Association,
Inc, Of this city, he left standing
in the same subpoena another para
graph which would still order the
A. M. A. to produce certain records
regarding G. H. A.
The 10 organizations in the
stricken paragraphs included, be-
sides G.. H. A., the following: Ross
Loos Medical Group, Los Angeles,
Calf; Trinity Hospital, Little Rock,
Ark; Milwaukee Medical Center,
Milwaukee, Wis; Community Hos
pital, Elk City, Okla. Illinois Social
Hygiene League, Public Health In
stitute, United Medical Service,
Civic Medical Center and DR.. Louis
E. Schmidt, all of Chicago. Ill.
Sweeping probe of all records con-
cerning these had been ordered by
the original subpoena.
Three Subjects Specified.
That part of the subpoena ap-
proved by the justice authorized the
A. M. A. to produce all documents
between January /, 1882, and Octo-