Evening star., 1940-12-13
Arnold Likely 10 Take
Part in Medical Case
Trial Opening Feb. 5
Sits In on Conference
At Which Dute Is
Set Tentatively

Assistant Attorney General Thur
man Arnold is expected to take a
personal part in the antitrust trial
of 20 doctors and four organizations
of medicine in District Court begin
ming February S.
This was indicated at the Justice
Department today as preparations
went forward to try the medical case
before a justice as yet undesignated.
The date was set tentatively yes
terday by Justice F. Dickinson Let's
in District Court. after a confer
ence with counsel for both the
prosecution and defense
Mr.. Arnold, who participated In
the conference at the courthouse,
will take a hand in the case against
organized medicine. but will not give
all of his time to it, ofbcialS ex-
planned. 1t is likely he nav make
the opening statement at least.
Levin in Active Charge.
The prosecution will be actively
in charge of John Henry Levin. of
the Antitrust Division. who has
been on the case since the beginning.
He has a staff of counsel assisting
him.
February 5 was set by Justice
Let's as compromise between
divergent requests of the prosecu-
ton and defense The Justice De-
partment wanted the case tried in
January, while the defense wanted
it put off until March.
The defendants are charged with
violation of the Sherman Antitrust
Act, for alleged restraint of trade"
against Group Health Association,
medical cooperative of Government
workers here.
Includes A. NJ. A.
The defendants include the Amer
ican Medical Association, the medi-
cal society of the District of Co.
lumbia, The Washington Academy
of Surgery, the Harris County tTex)
Medical Society, and 20 doctors OF
Washington and Chicago. The Chi
cago defendants include the eXecu-
tive heads of the American Medical
Association.
The case will come to trial after
extensive preliminary legal skirmish-
ing during which long court struggles
carried appeals up to the Supreme
Court of the United States twice.
The high court in its last action,
June of this year, refused to grant
a defense writ of certiorari to re-
view a decision of the Court Of APP
peals. The Appeals Court in March,
1889, had upheld the indictment, and
overturned previous decision in
District Court, July 26, 1899, which
had invalidated the indictment and
held that the practice of medicine
was mot trade" within the mean
ing of the Sherman Act.
Justice James M. Proctor heard
the case originally in District Court.
Justice Let's is expected to undergo
an eye operation soon after New
Year Day, and presumably will be
off the bench for some time.
Justice Norris Eliminates Self.
A third criminal court to try the
case previously had been requested
of Chief Justice Alfred A. Wheat by
United States Attorney Edward M.
Curran, but this was deemed sin
advisable" The case had been set
for October 21, but was postponed.
Justice James w. Morris, who pre-
sides in Criminal Court No. 2, dis
qualified himself from sitting in the
trial because he was assistant at
torney general prior to his elevation
to the bench.
Estimates on the length Of the
trial vary from six weeks to two
or three months.
At the conference yesterday with
Justice Let's were Mr.. Arnold, Mr..
Levin and Mr.. Curran for the prose-
cution, and these for the defense:
Seth w. Richardson, Charles S.
Baker, William E. Leahy, Warren
Magee and Edward Burke Of Chi
cago; and John E. LaSkey, former
United States attorney here, who
represents one of the defendants.