Evening star., 1938-11-20
Doctor Asks Faith
In His Profession
In Medical Dispute
Organized Medicines
Course Held Result
Of Desperation

w VIC PdGACAV WAtAA Vic uACuACdl uO.
fession during the present inquiry
into charges Of violation of the anti
trust laws by the American Medical
Association and the District Medi-
cal Society was made last night by
DR.. Thomas E. Mattingly.
In his statement, in response to
an inquiry, DR.. Mattingly warned of
the dangers Of allowing any agency
Of the Government other than the
law-making branch to legislate
through "subterfuge."
Late last week DR.. Mattingly ap-
peared before the grand jury for
two days as witness In the investi-
CATION. Tomorrow the inquiry by
the grand jury will go into its sixth
week as the Department Of Justice
continues to present evidence to
support its charges that organized
medicine was guilty of efforts to
coerce and boycott" Group Health
Association, Inc, medical co-opera-
tive of Government workers here.
DR.. Mattingly emphasized that he
would consider it improper to make
any comment concerning his ap-
pearance before the grand jury, or
his testimony.
II am a member Of the Medical
Society of the District" he said, land
I believe in all the objectives of or
ganized medicine.
I'VE would like the people Of
Washington to be patient with us
to have faith in us and to believe
that our social objectives are just
as altruistic but infinitely less specu-
lative than those who seek our in
| dictment.
I'VE believe that here on the weak
est sector of human rights. vote
less community. we are using the
only means we have, to prevent our
own destruction and degradation.
Surely no one can expect us to in
itiate or be party to our own un-
doing.
Perhaps there has been an ele-
ment of error In our method but
men in desperation, fighting against
odds-for what they regard as their
very existence, are just as prone to
forget the niceties of warfare as
those who wage it.
Hits political Favor"
Our objectives are simple. and
we believe self justified. No matter
what method Of medical practice is
finally evolved, common sense tells
us that it should emdbody all the
safeguards and guarantees which
made us cherish the old.
First and foremost is the unquali-
fled right Of the patients to choose
their own doctor and determine the
conditions under which he may con-
tinue to serve them.
The second-that no subsidy of
taxpayers money be given one
group of citizens which is not avail
able to every other citizen in the
same circumstances.
Third, that the doctor be obliged
to compete for his patients favor
and patronage and that his security
be earned by merit and not appor-
toned by political favor.
Taxpayers Burden.
Fourth, and this is in the nature
Of a conclusion, that under no plea
of emergency should the patient be
persuaded to delegate the control Of
medical practice 70 those who prom
Use more than reason and expert
ence tell us they can deliver. What
ever the faults of the present sys-
tenn of medical care, it has not added
to the heavy burden the taxpayer
must bear in generations to come. 1t
at least had the virtue of paying
its way.
These are principles in equity
and even if the old system must
perish. these corner stones of our
progress must, and should, remain.
Finally, we would like to call at
tention to the grave dangers, the
terrifying potentialities. of allowing
any agency of government other
than the lawmaker, to legislate
through subterfuge, even if the end
desired should seem to justify such
means. We hold that If laws are
old and antiquated and are not ap-
plicable to modern need, 1t is the
province OF the legislator to change
them.
A Reminder"
1T Is not amiss to remind those
thoughtless enthusiasts who have
no scruple against unconstitutional
and undemocratic short cuts to their
political rendezvous with power, that
1t was by this very mechanism that
monopolies, in the sense of the anti
trust laws, came into being. BY in
terpreting the due process clause
Of the fourteenth amendment to
mean that it applied to corporate
property as we'll as the newly lib
Grated slave, the corporate fiction
was endowed with human rights.
Instead of the lawmaker making a
law to apply specifically to new So
cial and economic conditions, it al
lowed the legalistic mind to inter-
pret law dealing with a human
who had ceased to be property. as
being applicable to property that had
become a human being.
I'VE hope that 1t is neither amiss
nor presumptuous to ask every true
liberal who believes in social prog
ress, attained by equity and evolu-
tion rather than nat, to join us in
our desperate stand to prevent a
repetition of the grave errors Of the
past. Forgive us If we have offended
We will try with every resource at
our command to earn your further
favor"