Evening star., 1939-07-27
Doctors
Continued From First PageD

for the attitude of the public in
Withholding judgment"
1t appeared likely that the Gov
eminent would not be able to appeal
in this jurisdiction direct to the
Supreme Court of the United States,
as is possible elsewhere, but may
have to 60 through the United
States Court of Appeals
In his decision, Justice Proctor
had sharply criticized the indict-
ment returned by a Federal grand
jury last December. The jurist sus-
tanned demurrers filed by the de-
PENDANTS to the indictment, which
had charged violation of the Sher-
man Antitrust Act.
The Government had charged
that the four medical bodies and
81 doctors had entered into COM
bination and conspiracy to restrain
the trade of Group Health Asso-
ciation its doctors, its members and
Washington Hospitals.
In its statement, the Justice De-
partment announced it would seek
to reverse Justice Proctors decision.
This decision" declared the de-
partment, declares the indictment
invalid on two grounds: first, that
because of restricted definition
of the word trade in the Sherman
Act, physicians are entitled to con-
spire with and boycott hospitals in
order to exclude other members of
their profession from the pursuit
of their calling; second, because the
indictment does not inform the de-
PENDANTS of the crime with which
they are charged.
Government Policy Unchanged.
THE department makes this
statement, not for the purpose of
criticizing the opinion, but for the
reason that it is important to in
form physicians generally that until
the Supreme Court has acted, the
Governments prosecution policy
toward boycotts in the medical pro-
fession is unchanged. None of the
reasoning of the opinion persuades
the department that doctors are
free to engage in practices which
would be illegal if they belonged to
some other calling In addition,
any further restraints of the char
acter included in the indictment
will also be subject to prosecution.
1t is important that physicians not
be misled on this point for the rea-
son that the District Court opinion
is not a binding authority on other
judges.
THE department, recognizing the
seriousness of the present uncertain
situation, will use every effort to get
a final decision from the Supreme
Court at the earliest possible
moment.
THE second ground for declaring
the indictment invalid is that the
defendants were not sufficiently in
formed of their offense. The de-
partment, without any criticism of
the opinion, feels that the defend
ants were fully informed by the in
dictment of the nature of the Of
tense, and were at no time in the
dark as to the character of the
charges made against them. It will
therefore seek an appeal on this
count also.
Complicates Appeal.
"The fact that the decision partly
rests upon this second ground COM
plicates the appeal. In most anti
trust proceedings it is possible for
the Government to appeal directly
to the Supreme Court and thus OBJ
tain more speedy final decision.
Under the present circumstances,
such direct appeal is at least
doubtful and the Government may
be forced to 60 first to an intermedi-
ate appellate court. 1t may be that,
because of the delay occasioned by
the doubt as to direct appeal to
the Supreme Court, time will be
saved if new grand jury is called
to consider another indictment in a
different technical form. However,
even if this is done. an appeal will
be presented at the same time.
These technicalities, which in no
way affect the merits of the case,
must be carefully investigated.
Therefore an announcement of the
exact steps which will be taken by