Evening star., 1939-10-23

The Supreme Court today denied
review in the Governments anti
trust case against the American
Medical Association and the Dis
trict of Columbia Medical Society
The case now will take it's regu-
lar course through the United
States Court of Appeals for the Dis
trict of Columbia.
After Justice Proctor, in District
Court, dismissed indictments against
the medical body on the ground that
the practice of medicine lis not
trade within the meaning of the
Sherman Antitrust Act, the De-
partment Of Justice appealed to the
United States Court of Appeals and
then in an effort to expedite action
attempted also shortened pro-
cedure by asking the Supreme Court
to pass on the matter directly.
In the petition filed In the Su-
preme Court the department said
the public interest will be served
by prompt and final decision
whether group organized to pro-
vide medical service for it's men,
bers and the professional men and
women that serve that group are
protected by the antitrust laws
from restrictive activities of other
groups
Fl Doctors Were Named.
The Governments suit grew out
of alleged discrimination by organ
lied medicine against Group Health
Association, Inc, cooperative
medical undertaking formed by en-
ployes of the Home Owners Loan
Corp. here.
In addition to the American Medi-
cal Association and the local medical
society, the antitrust medical in
dictment named the Harris County
Medical Society of Houston, Tex,
the Washington Academy of Sur
geons and 81 doctors who are lead
ers in the American Medical As
sociation and the local medical
group.
The Supreme Courts refusal to
review the case does not necessarily
mean that it will refuse later on to
take jurisdiction, If the case should
come on up from the Court of APP
peals. Both the Justice Department
and the doctors have insisted that
the Supreme Court itself finally de-
eide the issue.
The high court already has agreed
to pass on two other cases involv-
ing the Governments antitrust
campaign. These are directed
against Chicago milk dealers and
Midwest oil producers.
The medical case began in long
investigation by the Justice Depart
ment. The department obtained from
the Federal grand jury last De-
cember an indictment charging
medical organizations and II in
dividual doctors with conspiracy in
restraint of trade" against Group
Health Association, its doctors and
Washington hospitals, in violation
of the Sherman antitrust act. JUS
tice Proctor's decision came after a
prolonged court battle.
Several other collateral issues in
volving Group Health Association
are pending in the lower courts here.
Other Actions.
Among other actions today, the
Supreme Court:
Declined to review decision tenn
porarily enjoining two publishing
companies from selling Adolf Hitler's
book, "Mein Kampf," the American
copyright of which is claimed by
another company.
Denied a request by the Milk
Wagon Drivers Union of Chicago
for review of a decision enjoining
picketing of retail stores selling the
product of a dairy alleged to have
engaged in unfair labor practices.
Agreed to review a ruling which
dismissed a Government suit seek
ing to obtain possession of 81 ,080 ,399
which the Government contended
had been assigned the United States
by the Soviet government in 1888
In connection with recognition of
that country.
Denied a petition by the British
American Tobacco Co., Ltd, seeking
. review of q decision which denied
recovery Of $4.33l 500 from the Fed
eral Reserve Bank Of New York for
gold bullion taken over by the Gov
ernment In 1888.