Evening star., 1939-04-18
Legal Threat
Seen in Medical
Indictment
Analogy. With Law
Profession Drawn
By Defense

Drawing an anology between or
ganization of the medical and legal
professions, John E. Lasky. counsel
for one of the 81 defendant doctors
in the antitrust medical case, told
Justice James NJ Proctor in District
Court today that if the medical in
dictment were allowed to stand
there were possibilities that the
grand jury could come in with just
as good grace" later with an indict-
ment against the organized legal
profession charging restraint of
trade.
Mr.. Lasky pointed out that the
District Bar Association officially
had passed resolutions and asked
support of the court for rule which
will require two years of college edu-
cation of prerequisite to law
school as one of the requirements
for admission to the bar.
If, in the future, some here which
does not want to present two years
OF college education as such a pre-
requisite should complain and claim
that they had been subject to re-
straint of trade under the Sherman
Act, the organized legal profession,
Mr.. Lasky warned, could be in
dicted in just as good grace
should the medical indictment
stand. Defendants in the medical
case, including four generations and
81 individuals of this city and Chi
cago, were represented in court to-
day by distinguished array of legal
counsel in an attack on the indict-
ment which charges them with COM
bination and conspiracy in restraint
OF trade.
Charged With Conspiracy.
The indictment, in the criminal
case, which was returned by a spe-
cial grand jury shortly before
Christmas last year, alleges that the
defendants are guilty of conspiracy
because of their alleged acts against
Group Health Association, its meas
ures. its doctors and the Washing
ton hospitals.
Mr.. Lasky, who represents Dr.
Prentiss Wilson, one of the de-
PENDANTS, was referring in his anal
ogy between the two professions to
new rule in the court already pro-
mulgated, which provides that after
October l, 1914, one of the require
ments for admission to the bar will
be the two years of college educa-
ton before the study of law.
Justice Proctor unexpectedly an
nounced shortly after noon today
that he wished to finish the medical
case by 1890 pm. tomorrow. He told
counsel he wanted them Ito get to-
gether" on a division of the remain
ing time. Inasmuch, however. as the
defense has occupied full day and
a half in court, counsel for both sides
went into conference on the matter.
A late afternoon or evening session
appeared in prospect, and there was
some intimation that the justice
might be asked for an extension of
his suddenly fixed deadline
Hearings to Resume.
The justice shortly after noon took
up another case which he had to
dispose of before adjourning for
lunch, but planned to resume the
hearing after lunch, with Mr.. Lasky
still arguing for the demurrer.
DR.. Wilson and other defendants
In the case were in the courtroom
as Mr.. Lasky made his new attack
on the indictment, which was the
first one of its kind to appear jr the
several preliminary court battles
over the medical indictment.
Charging that the Sherman Act
was not intended for the prosecu-
tion of professional men under the
laws provisions of restraint of trade,
Mr.. Lasky praised the defendant
doctors as men of "outstanding
prominence and accomplishment in
their profession"
These men, the counsel said. had
been dragged into court to answer
charges that they had conspircd" in
restraint OF trade. Proceeding from
this point. the counsel then drew an
analogy between the American Bar
Association and the American Med
ical Association-the latter one of
the defendants.
THE American Bar Association"
Mr.. Lasky said, "is a dominant ma
tional association equal to the Amer
lean Medical Association.
The District Bar Association is
equal to the District Medical So
ciety.
The Bar Association publishes a
journal which seeks to advance it.
self"
The journal, he explained, pub
fishes what it considers best "for
the promotion of the profession" 1t
also publishes list of approved law
schools
Under this setup, Mr.. Laskey told
the court, if the medical indictment
were sustained. that under the same
line of attack the American Bar AS
sociation. its present and former
officers md the District Bar Asso-
citation and certain of it's officers
might be faced with the charge of
having conspired in restraint of
trade against certain law schools.