Evening star., 1939-04-19
Trade Issue
Is Argued in
Medical Case
Arguments in D. c.
Court Draw
NeorCIose
BULLETIN.

BULLETIN.
Justice James M. Proctor, in
District Court shortly after noon
today took under advisement a
demurrer filed by defendants in
the antitrust medical case, with
prospects, however, that counsel
would be given about two weeks
to file further briefs and memo-
randa to support three days Of
argument.
The embattled medical case SIM
mered down to the issue of whether
the profession can be considered q
trade under the Sherman Anti
Trust Act, as arguments drew near
a close today before Justice James
M. Proctor in District Court.
For the defendant profession, Will
liam E. Leahy, counsel, was closing
a three-day hearing with fervid
denial that medicine is a trade
under the act
For the Government, Allan E.
Hart, special assistant to the At
torney General, had closed for the
prosecution with comprehensive
citation of authorities reaching far
back into English common law to
support the Governments conten-
ton that the defendants were guilty
OF combination and conspiracy in
restraint of trade of Group Health
Association, its members. its doctors
and Washington hospitals.
After the hearing which was to
come to an end early this afternoon.
both sides planned to submit briefs
for consideration of the court.
Indictment Attacked.
Mr.. Leahy characterized the in
dlctment as threat to private
enterprise.
If the principle of moneys worth
Tor moneys received which the Gov
ernment injects into this case
stands, it would reach into every
human endeavor," said the defense
counsel. If by such a stretch of
the word trade we can hold to this
doctrine, then the Federal Govern
ment, contrary to the Constitution
and principles of human freedom as
old as Anglo-Saxon civilization
this Government, under lambs
wool, under the concept of control,
has reached a point where it can
destroy any form of human activity"
Taking issue with Mr.. Hart and
the Governments citation of au-
thority Mr.. Leahy contended that
most of the authorities cited were
simply in civil cases and had nothing
to do with criminal charges such as
are faced by the defense.
Important Pronouncement.
1t was believed likely that JUS
tice Proctor would take the case
under advisement for q decision
later as to whether to grant the
demurrer or dismiss it.
An important pronouncement
came from Justice Proctor in the
middle of argument yesterday after
noon, when he limited the issue to
economics. The defense had made
no contention of "altruistic" mo-
tives. Justice Proctor said, but had
rested its defense on the "econom-
les OF the situation, so the Gov
ernment need not discuss the "sl-
trulstic" phase of the medical pro-
fession.
Taking up the economic phase,
John Henry Levin, for the Gov
eminent, charged that Defense
Counsel Richardson had used terms
of warfare"
"Cruel Boycott" Charged.
He has said that economic COM
petition gives them mighty
weapon" said Mr.. Levin. "He
talks in terms of warfare. That's
not fair competition. It's unfair,
it's the use of ganging up, boycott,
blacklisting as weapons in an eco
nomic war"
Declaring that doctors of Group
Health Association who had been
subject to the gross, blind and cruel
boycott here were free from all
professional STAIN" Mr.. Levin quot
ed at length from a case in Eng
land, where the British Medical As
sociation had been held guilty of
restraint of trade against doctors
similar to those in Group Health
Association.
This kind of conduct" he
charged. referring to acts of the
local defendants, was criminal in
the common law"