Evening star., 1938-12-21
Medical Groups Gird
For Long Battle
On Trust Indictments
Holidays Bring Truce
With Government
In Open Warfare
BY HAROLD B. ROGERS.

case against organized medicine may
60 over until after the holidays, it
was learned today.
Indicted by Federal grand jury
Tor violation of the Sherman Act,
Fl defendant members of the medi-
cal profession here and in Chicago
probably will not make their per-
sonal appearance before the authori-
ties until after the New Year.
Counsel for the Government on
the one hand, and for the medical
profession on the other began today,
however, to lay further groundwork
Tor a court battle, which may run
for years, and probably will go on
up to the Supreme Court of the
United States
Revolving around the grand jury
charge that four organizations of
the medical profession and 81 doc
tors had entered into a combina-
ton and conspiracy ito restrain
trade" of Group Health Association,
the court battle will come next year
in the midst of several new develop
ments of Importance to the health
OF the American people.
Plan to Come to Vote.
The District Medical Society itself,
along with many other Statewide
and city medical societies, is plan
ming limited indemnity prepay
ment Mutual Health Service" to
provide medical care to a selected
layer of the loWer-income group.
Votes of the Medical Society men,
bers are due Saturday as to whether
to place this new plan into opera
ton.
A new national health program
Tor the entire Nation is to be recon-
mended by President Roosevelt to
Congress early in the new session.
The American Medical Association,
which first stoutly opposed many
features of the Roosevelt program
outlined at a National Health Con-
ference here months ago has gradu-
ally come around to approving many
features. But it still stoutly objects
to compulsory health insurance"
No Arrests in Prospect.
The defendant physicians will
not be arrested, but will be pro-
duced before the authorities by their
defense counsel, probably some time
next month. when wanted. No
bench warrants will be issued, nor
will the doctors have to put up
bond. They will be released on
their own recognizance.
nj, jr,
was explained by George P. Hoover,
counsel for the Medical Society. is
minor criminal offense, which
does not involve moral turpitude."
No agreement has been reached
between attorneys for the Medical
Society and the A. NJ A. as to how
the defense shall be handled So
far counsel for these two groups
have been working separately, al
though along somewhat similar
lines.
The 16 doctors of the Medical
Society of the District will be pre-
sented for their personal appear
ances to clerk in Criminal Court
some time in the indefinite future,
at least within 80 days, it was
learned. This may be shortly after
the holidays.
The five defendant doctors in Chi
cago, connected with the Amedican
Medical Association, will be allowed
to make appearances before Fed
eral official in Chicago in answer
20 the indictment. They may go
before United States commissioner,
H ya1 nrIr ,Ni,.
said. No time has been fixed for
their appearance, the attorney
said.
Differ on Procedure.
AS to the prospects of procedure
for defense after the first appear
ances OF the doctors, counsel for
the Medical Society and the A. M.
A. differ slightly.
Mr.. Hoover of the medical So
ciety planned to confer today with
William E. Leahy, also of counsel.
and leaders of the society in regard
to a program of defense
The defendants, Mr.. Hoover ex-
planned, may be arraigned and plead
not guilty with permission to with
draw their plea and file demurrer.
Or the demurrer might be filed
first, he explained. At any rate,
the medical society plans to raise the
Fundamental question" of whether
the practice of medicine is a trade
within the Jurisdiction of the Sher-
man Antitrust Act.
That question, Mr. Hoover insisted, |
stands at the Threshold" of the
entire case and will be pressed by
the medical society before the court |
1t is the contention of counsel for
the society that by no interpreta-
tion of the law can the practice of |
medicine be construed as trade"
within the meaning of the act The |
A. M. A. takes similar position.
For the American Medical Asso-
citation Mr.. Richardson outlined
what he considers may be the pro-
cedure for defense of both the A.
M. A. and the five association Off
cials indicted.
Three steps appear likely, he
thinks. First, the defendants will
appear, probably in Chicago. Next,
counsel will file a motion here to
quash the indictment and will fight |
that through on the issue of law,
even before the defendants are
arraigned for pleading and argu-
ments on the merits of the indict;
ment.
Evidence Attacked.
The indictment will be attacked |
on the ground that it states no
offense under the act, that it was
obtained on incompetent evidence"
brought from all over the United
States, and that it is bad" because
an "error" was committed by the
court in issuing subpoenas on the
A. M. A. for production of evidence.
Mr.. Richardson went into court
TWICE in an effort to quash sub
poenas issued by Justice James M. |