davidaulloa/AmericanStories huggingface dataset:
Evening star., 1940-03-04
Group Health Membership
Now Totals 2,458

Group Health Association, crux of
the case against organized medicine,
is going concern which, its ON
cials claim, still is growing in men,
bership and service to Government
employees.
1t was the alleged boycott and
restraint of trade against this as
sociation by organized medicine.
which led to the long -drawn-out
court battle climaxed today by the
decision of the Court of Appeals,
validating the antitrust indictment
against the doctors.
G. H. A., according to reports
today, now has 2,458 members, in
Al agencies of the Government, in
cluding both legislative and execu-
tive branches. Through these men,
bers, the medical cooperative fur
nishes care to 5,768 persons, includ-
ing families and dependents of its
members.
The principal clinic of G. H. A.
is located at 1928 I street NV,
with an annex at 1922 K street,
which accommodates the physio-
therapy and eye. ear, nose and
throat departments.
Perry r. Taylor, formerly of the
Rural Diectrification Administra-
ton, is the administrator of G. H.
A., on loan from Good Will Fund.
Inc, which has paid his salary, and
Evening star., 1940-03-04
Evasyills Cleaning Up
Tornado Wfsckaqe
" ~ Asepsae ia 1ress.

~ IA Aeoue3Atod Hee11.
EVANSVILLE, Ind, March g.
This old Ohio River city Of 100, 600
inhabitants. which known what It Is
to sweep up after . Hood, set about
today repairing damage from .
week end tornado that took one life
and destroyed 325o,oo0 worth Of
property.
A twister from the West struck
late Saturday In the Pigeon Creek
netghborhood in Northern EVANS
vile, home Of Work Projects Admin
istratton workers and unemployed
factory hands.
Josephine Daugherty, ., was
crushed to death In the wreckase
OF . two-story brick house. A dozen
other persons were hurt.
Forty houses were damaged badly
and some 800 others moved Oh their
foundations.
In Wsrrick County to the east.
the tornado injured six persons.
Phil Dracfman, chairman Of the
Red Cross Disaster Relief Committee
here. reported neighbors had taken
IN the homeless and his organiza. ).
tions job would be to restore shat.
tered homes.
Yesterday householder alone
blocked streets already had begun
rebuilding.
Evening star., 1940-03-04

hospitals within the District of Co.
lumbia. The preamble to the reso-
luton adopted by District Society,
to which we have already referred.
declares the society's apparent
power of hindering Group Health II
it can prevent patients Of physicians
in the employ of Group Health
being received in the hospitals, and
the indictment charges the subse-
quent circulation among the hos
pitals Of the white list as the means
to this end. This is a suficient
charge of a conspiracy to restrain
the business Of Group Health, the
doctors and the hospitals.
The point that Group Health is
not sufficiently described Is an
swered in the paragraph Of the in
dictment which sets out its incor-
poration. its purpose. its character,
its activities. and its relationship
to its members.
The alleged variance between the
risk sharing plans described in the
background" which 1t is charged
the American Medical Association
habitually opposed, and the plan of
Group Health, seems to us imma-
terial. The obvious purpose of the
indictment is to charge that all risk
sharing plans have been opposed
and that the present restraint Is
merely another attack.
We think it was unnecessary to
set out any more detailed facts as
to the contents Of the Principles of
Medical Ethics and the operations
Of committees and society meetings.
1t is enough to charge the con-
spiracy and the means used to effect
the unlawful restraints. Overt acts
are unnecessary.
There is sufncient allegation of
dates. The indictment, 1t is true,
states the beginning of the conspira-
cy shortly prior to the incorporation
Of Group Health, but it also shows
that 1t continued to the date of the
presentation of the indictment.
That is enough.
The final point is that there IS no
definite charge against the indi-
yidual defendants. The indictment
in the opening paragraph names the
associations and persons made de-
PENDANTS. The individuals are stated
as the persons who will be referred
to hereinafter as individual defend
ants" and they are thereafter de-
scribed in the succeeding paragraphs
as members or ofncers In the So
cieties and members In or ofIlcers. of
the hospitals or members on the
STATS of the hospitals; and 1t Is
clear that their activities In the
conspiracy are charged as done in
their several stated capacities. All
are charged with, participation in
the formation and furtherance Of
the conspiracy.
In view Of the foregoing, we have
no doubt that, reading the indict-
ments As a whole, 1t states q case
under section 3 Of the Sherman Act.
Evening star., 1940-03-04
We||es' Given View
OF West Front Lines
In Leaving Reich
Dieckhoff Says Farewell
To U. S. Emissory at
End Of Berlin Visit
By the Associated Press.

By the Associated Press.
BASEL, Switzerland, March A.
United States Undersecretary Of
State Sumner Welles, en- route from
Berlin to Paris on what many Euro
peans interpret as an effort to end
their war, saw the western front
sro-man's land" today.
President Roosevelt's fact-findef
arrived here by train at II am,
travelling through Bavaria along the
Karlsruhe Rhine line.
From the train window, he could
see both Germany's Siegfried Line
on one side of the Rhine and the
French Maginot Line on the other.
Mr.. Welles said he planned to
rest in Lausanne, taking the SIM
plon-Orient express for Paris either
tomorrow or Wednesday night.
At Berne Mr.. Welles was met by
United States Minister Leland Har-
rlson, Mrs. Harrison and members
Of the Legation staff, with whom he
chatted during a 10-minute wait.
Baron H. Sigismund Won Bibra, the
counsellor of the Berne German
delegation, also was at the station
but said he had come to greet
the German undersecretary for wa
ters and forests, who arrived on the
same train"
Mr.. Welles. it was learned, will
write in Switzerland his second COM
plete report to Washington, which
will be given to Mr., Harrison for
transmission.
Evening star., 1940-03-04
Victory Is Forecast
For New Hatch Bill
Facing Senate Today
Measure lndorsed By
Nationoi Civil Services
Reform League
~ J. A. oIxARY.

Passage Of the new Hatch bill
extending to Thousands of State
and municipal employees the law
which now proMbits Federal work
era from taking activs. part IN po-
litical campaigns was forecast by
Senate leaders today, - that body
prepared to take up the measure.
It Ia not certain = vote will be
reached today, however, since de-
bate on the controversial proposal
will not begin until after Senate
Majority Leader Barkley completes
an 6ddress reviewing President
Roosevelt's seven years in the White
House.
Reform League Indorse6 Bin.
The Hatch measure has received
the Involvement Of the National
Civil Service Reform League. which
wrote to each member Of the SEN
ate, through its executive secretary,
H. Eliot Kaplan.
The league urged approval Of the
bill as vital "in the interest Of sound
government administration and our
free election system" Uncontrolled
political activity by public employees,
the league contended, underminds
confidence in "our traditional party
system of government"
Mr.. Kaplan's letter said undue
partisan activity by public employees
invites political reprisals. The
pending bill, he said. viii enhance
public confidence in impartial gov
ernment administration.
Only One Jailable Offense.
The bill would apply only to those
State and municipal employees. In
administrative positions, whose SAL
ary Is paid In whole or In part
from Federal-aid funds. It also
applies specifically to the personnel
Of the District government.
Only one ofIense In the bill calls
for fine or imprisonment, namely,
the section making 1t a violation of
law for public ofiicial to use his
Official authority to influence an
election. The penalty for other re-
strictions, such as taking active part
in a campaign, is merely the power
given the Civil Service Commission
to withhold Federal funds from q
State agency.
Evening star., 1940-03-04
public policy and the like without
using the word trade"

public policy and the like without
using the word trade"
Today's decision was unanimous.
The appellate court followed its
usual practice Of assigning the case
to only three Of the six judges that
comprise the tribunal. Associate
Justices, Harold M. Stephens, Henry
w. Edgerton and Wiley Rutledge
apparently took no part in the de-
liberations of the A. M. A. case. In
an attack on corporation which
was allegedly improperly practicing
law, the Bar Association Of the Dis
trict Of Columbia recently raised the
point that when three judges of the
appellate court hear a case, that does
not constitute a majority Of the tri-
bunal. The Supreme Court. how
ever, apparently ignored this con-
tention.
Evening star., 1940-03-04
Medical
Continued From First Page.)


on Medical Education and Hospitals,
and DR.. Roscoe Genung Leland,
director of the Bureau Of Medical
Economics.
From the Medical Society of the
District of Columbia, these officers
and former offlcers-Dr. Arthur
Carlisle Christie, DR.. Coursen Baxter
Conklin. DR.. James Bayard Gregg
Custis, DR.. Thomas Allen Grower.
DR.. Robert Arthur Hooe, DR.. AL
phonse Martel, DR.. Thomas Ernest
Mattingly, DR.. Francis Xavier Nc
Govern, DR.. Thomas Edwin Neill,
DR.. Edward Hiram Reede, DR.. Will
liam Mercer Sprigg, DR.. William
Joseph Stanton, DR.. John Ogle War
field. jr.; DR.. Prentiss Wilson, DR..
Wallace Mason Yater and DR..
Joseph Rogers Young.
Three PRINCIPAL Issues.
Three principal issues were in
volved in the case. The first was
whether the practice of medicine
falls within the purview Of the Sher-
Evening star., 1940-03-04
Partial Text Of Medical Anti Trust Decision by Appeals Court

we repeat that the charge made
here, and for the purposes of the
demurrer admitted, is that the So
cieties sought to restrain an asso-
citation Of persons of modest means
from receiving medical services at
lower cost and to coerce doctors and
hospitals to this end. The charge
may be wholly unwarranted and
the facts, when they are disclosed
on the trial. may show an entirely
different state of affairs. but for
present purposes we must take the
charge as though its verify were
established; and in that light. 1t
seems to us clear that the ofYense is
within the condemnation of the
statute. It certainly cannot be
doubted that Congress intended to
exert its full power, in the public
interest, to set free from unreason-
able obstruction the exercise OF
those rights and privileges which
are a part Of our constitutional in
heritance. and these include i'm
munity from compulsory work at
the will of another, the right to
choose an occupation, the right to
engage in any lawful calling for
which one has the requisite capacity,
skill, material or capital, and there
after the free enjoyment of the
fruits of ones labors. Congress un-
doubtedly legislated on the COM
mon law principle that every per-
son has individually, and that the
public has collectively, a right to
require the course Of all legitimate
occupations in the District of Co.
lumbia to be free from unreason-
able distractions; and likewise in
recognition of the fact that all
trades, businesses and professions
which prevent idleness and exercise
men in labor and employment fol
the benefit Of themselves and their
families and for the increase OF
their substance, are desirable in the
public good and any undue restraint
upon them is wrong and is immedi-
ate and unreasonable and, therefore
within the purview of the Sherman
Act.
Defendants contend as a subsid-
iary argument that, without regard
to whether the restraint would OF
would not be an illegal act ordi-
narily, it is not so in the present
instance for the reason that Group
Health as corporation is itself ille-
gally practicing medicine. The
United States District Court decided
to the contrary some time ago, in q
suit for declaratory Judgment. There
was no appeal, and the question, 50
far as we are concerned, may be
said to be open. On this demurrer
1t IS unnecessary, and indeed unde-
sirable, that we should pass upon II
except to decide whether, as de-
scribed in the indictment, Group
Health Is necessarily violating the
| Law -
Evening star., 1940-03-04
nEALTn LECTURES
hEAk DR.. LLOYD G. sltANKllN

aS IN. natlsnslly known health authority,
Cslsred charts, nsviss pietpres. aensnstrs-
items. An lectures slass material. Attead
Mon, Mar. Eth, 3.D.n. and 3 D.n.s Tpss.,
1lGar. Sth, 3 p.n. and . D.n. Educattsaal
lseturss.
Fed Demsnstratisns, ExereiseS Aarnsa-
lens Eating for Health and LsnsevityI YssI
Individual TyDs Needs ADDlisd fsyeAeassy
ana llstaphysies, Ysath and Beauty Cul-
ture. WeIcsae. Every afternoon 3 p.n.
every night p.m., sll wsek.
Evening star., 1940-03-04
STAR WASHINGTON, G, MONDAY, MARCH l.

tion. Or employment, OF business.
And, Of course, the fact that defend
ants are physicians and medical or
gnnizations is Of no sisnificance,
for Section prohibits any person
from imposing the prescribed re-
straints.
Congress did not provide that
one class any more than smother
might impose restraints or that one
class any more than another might
b subjected to restraint"
On Allegations Of Fewer.
The Court Of AppealS declared
further:
Allegations rs to the power Of
the medical organizations are not
irrelevant. They give to the con-
spiracy = significance in regard to
restraining the practice Of medicine,
which It might not otherwise have
and are similar to allegations, in
other indictments, Of the control
over large amount Of particular
trade.
"The point that Group Health Il
not sufficiently described Is an
swered in the paragraph Of the In
dictment which sets out its incorpo-
ration, its purpose, its character,
its activities. and its relationship to
Its members.
"The alleged variance between the
risk-sharing plans described In the
background which 1t is charged
the American Medical Association
habitually opposed, and the plan Of
Group Health, seems to US inmate
rial The obvious purpose of the
indictment is to charge that all
risk-sharing plans have been OPP
posed and that the present restraint
Is merely another attack.
The appellate tribunal held:
"The common law rule was ap-
piled principally to contracts where
by man promised not to engage IN
his occupation, including the prac-
tice of medicine, and In many Eng
lish cases such a restraint on the
practice Of medicine was described
as a contract in restraint Of trade
Defendants contend, however, that
whatever the English usage, the
word trade had in this country .
definite and well-understood mean
ing. and as used in the Sherman Act
was confined to transportation and
buying, selling or exchanging of
commodities, and in any case was not
intended to apply to any employA
ment or business carried on by the,
learned professions The determi-
nation Of this aspect Of our problem
lies in the answer to this PROPOSE
tion."
Enlarges Acceptance Of Word.
Discussing the case further, the
appellate court said:
THE indubitable effect of all these
cases, English and American, is to
enlarge the common acceptance of
the word trade when embraced in
the phrase restraint of trade to
cover all occupations in which men
are engaged for a livelihood. We
think it makes no difference that,
after the practice of medicine had
been recognized in the doctrine of
restraint of trade Davis VS.. Ma
son, supra, a number OF judges pre-
ferred to speak in broader terms of
Evening star., 1940-03-04

plans to send Mr.. Taylor through
out the country later, to help install
medical co-operatives elsewhere.
Cameron G. Garman of the Farm
Credit Administration is president
of G. H. A., and other officers are
from various branches of the Gov
ernment,
Evening star., 1940-03-04
EGG. Declines to Bor
'Confucius Soy Jokes
BY the Associated Press,

0s tne AxS0cISteo PretS.
The Federal Communications
Commission declined today to bar
"Confucius say" Jokes from the air.
The commission. in reply to q let
ter from a Pittsburgh man asking
that such Jokes be banned, said it
did not have authority under the law
to direct radio stations to broadcast
or to refrain from broadcasting such
programs,
Evening star., 1940-03-04

required. In these respects, It diff
fers from the medicine -practicing
corporations which in many Of the
States have been held to be illegal.
Without more, therefore, than now
appears. we are unable to say that
Group Health is Illegally practicing
medicine.
We come finally to the question
whether the indictment is sufficient
in form. The learned trial Judge
was of opinion it was not. He
thought the indictment afiiicted
with vague and uncertain state
ments and lacking in material facts.
On the argument in this court, ap-
pellees' contentious may be sum-
married as follows: That the in
document is generally indefinite, full
of conclusions and opinions, and
does not set out the offense with
particularly: the allegations as to
the background of the conspiracy
and the power Of the medical Or
ganizations are irrelevant; the char
acter Of Group Health and the busi-
ness of the Washington hospitals
are not properly shown; there Is
q variance between the risk shar-
ing plans described in the back
ground of the conspiracy and the
description of the activities of Group
Health: the averments as to the
principles of medical ethics and the
operation Of the societies are in
sumciently stated; there are no facts
stated as to restraints on hospitals
the averment as to dates is In
sufiicient, and there is no charge
against the individual defendants.
We shall consider briefly these
points.
It has been stated time and again
as a fundamental rule that In an
indictment all the essential elements
of the offense must be averred with
sufficient clearness and particularit,
to enable the accused to understand
the nature OF the charge against
him and enable him intelligently te
prepare to meet it, and to plead the
result, whether conviction or &C.
quittal, as his protection against
another prosecution for the same
offense. But the degree Of particu-
larity requisite to accomplish these
purposes is all that Is required. .
Held No Overt Acts
Needed to Be CHARGED.
In Nash VS.. United States, 229 u
s., 373, 378, it was held that no over
acts need be charged In an indict-
ment under the Sherman Act, anc
the cases under the act show thai
the indictments usually set out thu
organization of defendants, the ex.
tent Of their control over the trade
their relations with each other, ant
the means whereby they conspiret
to perpetrate the restraint. The in.
dictment at hand contains thess
averments. It charges that all th'
defendants have engaged in com
bination and conspiracy In restrain
of trade. It sets out the place o.
the conspiracy and the plans Of tn,
,conspirators and the means taken II
make them effective. The restrain
was to be imposed on Group Health
on physicians, and on Washington
hospitals, and 1t Is specifically statet
thatt the conspiracy was to preyen
doctors Of Group Health from treat
ing and operating on patients in tn,
Evening star., 1940-03-04

Building construction in Homo.
lulu. Hawaii, last year broke aI
records.
The Daily Alaska empire., 1940-12-31
LOVE STORY AT CAPITOL SHOW
 ENDS TONIGHT
''RebeCla" Co., stars Laur- enCe Olivier, Joan
 Fontdine

An exciting event in the history of motion pictures takes place for the last times tonight at the Cap itol Theatre where David O. Selz- hicks production of "Rebecca, v based on the best selling Daphne du Maurier novel. unreels in all it's moving brilliance and dramatic impact. Directed by the brilliant and gifted Alfred Hitchcock, Re becca' is one of the most exciting ana suspenseful pictures to reach the screen this season. It is not only excellently and thrillingly staged, it is acted by a cast of top-notch actors who were chosen carefully for their special talents
 Heading this lineup are Laur
 ence Olivier and Joan Fontaine. who play the starring roles, while in their support are Judith Ander- son, C. Aubrey Smith, George San ders, Nigel Bruce, Florence Bates and Gladys Cooper Olivier is cast as Maxim de Winter. prominent society man who is famous for his vast Tudor estate called Mander- ley. To this house he brings his second wife, played by Miss Fon- taine, a shy and unsophisticated person who can hardly be compared to the glittering and brilliant form CT mistress of Manderley Rebecca, now dead. But though Rebecca is dead her forceful personality and dramatic beauty still continue to dominate Manderley and to haunt the lives of those who wander through its immense rooms.
 Judith Anderson, as the sadisti- cally cruel Mrs. Danvers. turns in a screen portrait which is unfor- gettably brilliant, and the perform ances of Olivier and Miss Fontaine must be rated as being unsur- passed on the screen this season.
The Daily Alaska empire., 1940-12-31
PERCY'S CAFE
s IT Q IF
AT PERCY'S CAFE BreokfasL Dinner or Light
 Lunches . DELICIOUS FOOD FOUNTAIN SERVICE . REFRESHMENTS

Result gets the second in R-Kos They Met in Argentina
 pack theatres like they have probably chaies by s5o0Oo0 before in April
 Gacie paying all her expenses The receipts are clear profit.
 year were Waffle with the Bad the youngster had free hand The living room was covered drawings she herself.
 Phil Harris Frey, of the cuties in M-G-Ms Te Zieged lot of each other. A iewelry Carmen Miranda in Road to Rio has price tag of Twentieth Fox already s57oo just as RENTAL jewelry in this film. is looking for portray Worth Publisher the Dust They ought to try and him to play the part him step the stage and do great job Fort Worth premiere of The Westener" and Lady Furness luncheon George Murphy has neat idea for his having the youngsters ahnd and foot prints doorstep Elaine Barrie and Roy before she left for the east ready Garland headed there after she finishes her picture the Big Town to make personal appearance Mickey Rooney but didn't get sight seeing
The Daily Alaska empire., 1940-12-31
HISTORICAL HIT
 HAS FINAL SHOW
 AT 10TH CENTURY
Davis Flynn Stars in Fri. vate Lives of Elizabeth
 and Essex"

Telling a highly dramatic and essentially human story against the magnificent pageantry of the Eliza bethan court, The Private Lives of ElEizabeth and Essex" ending tonight at the 20th Century Thea tre, stars Bette Davis and Errol Flynn.
 It deals with the one great love in the life of England's most fam GUS queen. The role of Elizabeth is one which Miss Davis, universally acknowledged to be the screens $ greatest dramatic actress, was des- tined to play. and according to advance reports, she is every inch and fibre the Queenl The Acade- my may as well start shining mp another award for Bette. She'll get it again for her magnificent, ave- inspiring portrayal" wrote the Los Angeles Evening Herald and Ex- press.
 Side by side and pace by pace with her, strides Errol Flynn as Lord Essex. It is the type of role precisely suited to the handsome Irishman-that of dashing sol- dier, victorious in defeat. irresis- tible in all adventures of the heart, the hero of the populace-truly 2 man among men.
The Daily Alaska empire., 1940-12-31
HOLIDAY
 OBSERVED
 NEW YEAR
Offices and Practically All Places of Business Will
 Be Closed Entire Day

Juneau will observe holiday tomorrow
 All offices, city, Territorial and Federal will be closed, in fact forces in several offices took this afternoon also.
 Stores will be closed but ln many establishments, year end stocks will be taken although in some places this has been practi- cally completed.
 Drug stores will observe holiday hours, tomorrow afternoon only.
 Restaurants and eating places in general will be opened and many dinner parties have already been planned and reservations made.
 Open houses will be held by many residents in the afternoon and the usual home dinner parties will en- gage the attention of many Juneau ties.
 Tonight the big public event is the Elks annual High links in the Elks Ballroom.