Evening star., 1939-03-03
New Plea Made
! IN Court Today
By Doctors
- Groundwork Luid
=, For Appeal in
Anti rust Case

Justice James M. Proctor in Dis
trict Court today heard another ar
. gument in the medical antitrust
case in which the defendants frankly
laid down further groundwork for a
possible appeal
Charles S. Baker, in appearing for
all four medical organizations and
81 defendant doctors, explained that
the plea in abatement summarizing
all points at issue to date in the case
constituted grounds for quashing
the indictment recently returned by
Federal grand jury. He went fur
ther, however, to say that the de-
PENDANTS wished to have before the
court adequate records on the basis
of which a higher court would have
complete picture of the case to
date.
Plea Held insufficient.
For the Government, Allan Hart,
q special assistant to the Attorney
General, insisted that the plea in
abatement was insufficient to JUS
tify the court in quashing the in
dictment. Mr.. Hart also went fur
ther to say that the Government did
not intend to interpose technical
tactics to prevent review of the case
should it be taken to the higher
courts.
Justice Proctor himself intimated
that the complex matter might even
reach the United States Supreme
Court.
IT don't want any action of mine"
said Justice Proctor, Ito preclude a
full review by the appellate court.
I don't apprehend any danger about
2 the record"
r Mr.. Hart, declaring that I'VE have
|. no desire to hinder any review"
said, however, that the Government
! would reserve any commitment at
this time on its attitude toward a
bill of exceptions. mentioned by the
defense, to which the Government
might want to object.
The record is going to be COM
plex enough" said Justice Proctor,
for the Court of Appeals or the
Supreme Court if it gets there"
Proceedings Reviewed.
Reviewing the several proceedings
already had in the case, Mr.. Baker
insisted that the Government had
resorted to irregularities, that the
great mass of the evidence presented
to the grand jury. was incompetent
and Irrelevant and that many ar
dent admirers of the group health
movement had been brought from
outside the District of Columbia to
present alleged incompetent evi-
dence to the grand jury. He charged
the doctors case was prejudiced in
violation Of the search and seizure
clause OF the Constitution and the
nth amendment for protection of
lie, liberty and property.
Mr. Hart, in reply, denied that the
plea constituted sufficient grounds
Tor quashing the indictment and up
held several acts of Justice Proctor
to date which had been objected to
by the defense.
Mr.. Hart said that. from more than
100 witnesses heard by the grand
jury, he estimated that only about
Is came from outside the District
OF Columbia The Government
plans to study the defense brief
submitted today for the purpose of
deciding whether an answer on
precedents will be necessary and
promised to file this before Monday
II necessary. Justice Proctor indi-
Gated that, because he is not hold
ing court on Monday, he would con-
slider the case on that day.
The additional grand jury, in re-
turning an indictment against or
ganized medicine and 81 doctors,
charged them with combination and
conspiracy in restraint OF trade in
violation of the Sherman Antitrust
Act because of their alleged acts
against Group Health Association,
Inc, of this city, medical co-opera-
tive OF Government workers.