Evening star., 1940-03-04
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means, the quack and the charlatan
have been largely deprived of the
opportunity of preying on the un-
fortunate and the credulous. We
also recognize that in personal
conduct and in professional skill the
rules and canons, so established.
have aided in raising the standards
Of medical practice to the advan-
tage of the whole country. We are
mindful of generally known fact
that under these rules and stand
ards there has developed an esprit
de corps largely as result of which
the members of the profession con-
tribute considerable portion of
their time to the relief of the un-
fortunate and the destitute. All OF
which may well be acknowledged to
their credit. Notwithstanding these
important considerations, it cannot
be admitted that the medical pro-
fession may through its great med
ical societies, either by rule or
disciplinary proceedings. legally ef-
fectuate restraints as far-reaching
as those now charged. AN act
harmless when done by one may
become a public wrong when done
by many acting in concert, for 1t
then takes on the form of a con-
spiracy, and may be prohibited or
punished, if the result be hurtful
to the public or to the individual
against whom it is directed. Eastern
States Retail Lumber Dealers Asso-
ciation VS.. United States, 234 U. S.
at p. GA. If there is any justifica-
ton for the restraint, so as to make
1t reasonable as regulation OF
professional practice, it must be
shown in evidence as q defense
since it does not appear in the
indictment.
Restraint Would Restrict
Group Health's Liberty.
Restraints prohibited by section
of the Sherman Act are those which
unduly hinder a person from en-
ploying his talents, industry or CAPT.
tai in any lawful undertaking anC
thus keep the public from receiving
goods and services as freely as II
would without such restraints
Enough has been said to show that
the restraint here charged woule
restrict the common liberty of Group
Health, the doctors and the hoSpi-
tails from engaging in the pursuit Of
their respective functions. II, or
the trial, the charge of confedera.
ton to this end is sustained, defend
ants method of reaching their OBJ.
jective may be thereby defeated
but if the objective is wise-as they
insist-they still have left, as wa.
said by the English Judge in the
Pratt case, the safer and more kind.
ly weapons of legitimate persuasion
and reasoned argument. In thu
proper use of these, much, as VI
think, may be accomplished to avoie
the growing movement toward pro
fessional regimentation. Or, thi
opportunity neglected, members o
the medical associations in the Dis
trlct of Columbia perhaps may fint
4
| in section 3, as we construe it, thei
only protection in the right to prac
tice on q fee for service basis.
In the light Of what has beel
said, we consider the numerous case
involving the reasonable operation
of trade associations and trad
unions as inapplicable. Organiza
tions and rules which have as thei
purpose the improvement Of condi
tions in any particular trade or occu
patton, and the regulation OF rela
tlons between traders, are, as "
nave Just pointed out, benencis
rather than detrimental to the pub
lie interest. But when these sam
organizations 60 80 far Is to impos
unreasonable restraints on the oper
atoms in their field, they becom
subject to the prohibition OF tn
Sherman Act. Sugar Institute VI
United States, .2o7 u. s. 6S3,5o7
- At the risk Of tedious repetition