Evening star., 1940-03-04
BY WILLIAM A. MLLEN

ASulC AduS WlCIllIl Cfle SCOPE OF The
Sherman Antitrust Act, the United
States Court of Appeals today sus-
tanned the validity of the indictment
against the American Medical As.
sociation, the Medical Society Of the
District of Columbia, the Harris
County tTexa0 Medical Society and
2l physicians.
The Appellate Court reversed and
remanded the case to District Court.
Previously, District Court held that
the indictment was faulty. and had
sustained demurrer which the
doctors had filed.
When, and II, the case will 20 to
trial. however, still was uncertain as
the defense and Government studied
the latest development.
Ordinarily, the defense has one Of
two courses-either to 60 back to
District Court and ask for a bill Of
particulars, thereby preparing for
trial. or to seek a review by the Su-
preme Court.
Decision Will Be Delayed.
Seth Richardson, of defense coun-
sci, said decision on the next step
would be delayed.
After the District Court ruling in
tie case, the Government sought to
speed up action by appealing directly
to the Supreme Court for a review,
but this was turned down by the
high court early in the present term
and the Court OF Appeals action
then was pressed to decision.
Defense counsel for the doctors
probably will get together soon for
conference on defense procedure,
1t was indicated. Most of them
indicated informally, without max.
in q definite announcement, that
the most likely step would be ap-
phcation for writ Of certiorart
from the Supreme Court oE the
United States. t7 5-,-c
Says Appeal win BE Taken.
In Chicago officials OF the Ameri.
can Medical Association said the
organization no doubt would at
once apply to the United States Su-
preme Court for a definite decision
as to whether or not the practice
of a profession can be considered
to come within the scope Of the
Sherman antitrust law"
The statement was made at asso-
citation headquarters by Drs. DIN
West, secretary of the A. M. A., and
Morris Fishbein, editor of the or.
ganization's journal.
Defense counsel. in addition to Mr..
Richardson, include Charles A.
Baker and William E. Leahy of this
city. and Edward M. Burke Of Chi
cago, who is general counsel Of the
American Medical Association. One
of the defendants, DR.. Prentiss Will
son, is represented personally by
John L. Laskey.
Chief of Government counsel In
the case is Thurman Arnold, As
sistant Attorney General In charge
OF antitrust cases, who led the
prosecution staff In arguing the case
before the Court of Appeals.
Specifically the defendants were
charged with conspiracy and re-
straint of trade in the District Of
Columbia, in violation of section 3
of the Sherman Antitrust Act.
The appellate court recalled that the
main purpose of the conspiracy, ~
shown in the indictment, was to
impair or destroy the business and
activities of Group Health Associa-
ton, Inc, which was organized in
1887 as non-profit cooperative
association for the provision Of
medical care and disqualification to
its members and dependents.
List Of Defendants.
The 81 individual defendants In
the case are:
From the American Medical Asso-
ciation-Dr. Morris Fishbein, editor
Of the Journal of the American
Medical Association; DR.. Olin West.
secretary and general manager: DR..
William Creighton Woodward, di.
rector of the Bureau of Legal Medi.
cine and Legislation; DR.. William
Dick Cutter. secretary Of the Council
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