Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-11-24
Prodor Will Rule
On Scope Of Inquiry
In Medical Body Case
A. N. A. Moves to Quosh
Subpoena Demanding
Some Of Its Records

S~suS W ttS s\SSOb0S
Justice James M. Proctor has
promised an opinion by Saturday or
Monday in the second open court
battle between organized medicine
and the Government, over the scope
Of grand jury inquiry into alleged
antitrust violations by the doctors.
The American Medical Associa-
ton, through Counsel Seth w. Rich
ardson, yesterday moved to quash a
second subpoena demanding records
OF the A. M. A. 1t went further to
challenge the relevancy of data
sought, and even the right of the
Government to pursue the inquiry
under the Sherman Antitrust Act
against an organized learned pro-
fession.
Defending It's revised subpoena, as
having been designed to meet objec-
lions Justice Proctor found recently
in previous one, the Department of
Justice, through John Henry Levin,
special assistant to the Attorney
General. insisted the new subpoena
was sufficiently limited and partic-
ular to fall within the jurisdiction
OF the grand jury and the court.
Data on Group Health Asked.
At the conclusion of the argument,
George P. Hoover, counsel for the
Medical Society of the District of
Columbia, announced he would come
into court before the grand jury had
completed its sessions to ask that
Justice Proctor call in the grand
jury and admonish it as to the law
in the case, specifically the Sherman
Antitrust Act.
The new subpoena called on the A.
M. A. for certain papers contain
Ing statements with respect to any
action or policy taken or adopted, or
considered or proposed to be taken
or adopted, by or on behalf of the
American Medical Association or of
any medical society or association
afflliated with the American Medical
Association, or of any hospital, in
opposition to group medical practice
or to the provision of medical care
on a periodic prepayment basis,
drawn up. sent or received by jan
uary l, 1885, to November 20, 1888"
Among those officials from whom
such documents are demanded are
DR.. DIN West, secretary and gen.
eral manager of the American Medi-
cal Association; DR.. Morris Fishbein,
editor of the Journal of the A. M. A. !;
DR.. r. G. Leland, director of the
Bureau of Medical Economics; DR..
William c. Woodward, director of
the Bureau of Legal Medicine and
Legislation; DR.. w. D. Cutter, secre-
tary of the Council on Medical Edu-
cation and Hospitals: the Judicial
Council OF the American Medical
Association; the Bureau of 1nvesti-
CATION of the American Medical
Association, and ANY other official
or employee Of the A. M. A., who,
according to the present knowledge
of the officials, drew up, sent or re-
eeived such papers.
Minutes Of A. M. A. Sought.
Minutes of the Board of Trustees,
the house of delegates of the A. M
A. and ANY council, board, commit
tee or other group Of the A. M. A
were demanded.
The new subpoena also asked fol
certain records concerning seven
group medical outfits: Group Health
Association of this city, Ross-Loos
Medical Group, Los Angeles: Trinity
Hospital, Little Rock, Ark; Milwau-
kee Medical Center, Milwaukee;
Community Hospital, Elk City,
Okla; Public Health Institute, Chi
cago, and DR.. Louis E. Schmidt
Chicago.
Justice Proctor had stricken out
two-thirds Of previous subpoena
on motion of the A. M. A., finding it
unreasonable and oppressive, de-
manding too much work.
The A. M. A. went further in its
move yesterday than in its first
motion to quash. Although it had
not moved to strike reference in
the first subpoena to Group Health
Association of this city, the A. M. A.
Mr.. Richardson emphasized in his
argument yesterday, had moved this
time to strike out reference to G. H
A. itself.
Held Fishing Expedition.
A. M. A. counsel also raised the
question of the right of the granc
jury to go on fishing expedition
into the records of an individual OF
q private corporation. To this END
he quoted a decision by Justice
Holmes of the United States Su-
preme Court in case involving thu
Federal Trade Commission and thu
American Tobacco Co., to the effect
that it was contrary to first prin-
ciples of justice" for a grand jury
to 60 deeply into records of corpo.
ration lin the hope that something
will turn up"
In rebuttal, Mr.. Levin claimed the
powers of the Federal Trade Com
mission could not be compared tc
powers or responsibility of a Fedora
grand jury investigating alleged
criminal violation of law.
Meantime the special grand jury
recessed yesterday until Monday
morning, when it will open its sew
enth week of hearing witnesses.