Evening star., 1940-04-29
Supreme Court
Review Asked
In Medical Case
Physicians Appeal
Decision Against
Organized Medicine

The Supreme Court of the United
States today was asked to review
the ruling of the United States
Court Of Appeals adverse to the de-
PENDANTS in the antitrust medical
case.
Counsel for all parties to the de-
fense Joined in filing a petition for
a writ of certiorari and a brief of
81 pages.
The decision of the Court of Ap-
peals had held that four organiza-
tions of medical men and 81 indi-
vidual defendants in Chicago fell
under the jurisdiction of the Sher-
man Antitrust Act. -
II the Supreme Court should
deny a writ and refuse to hear the
case, the case would be remanded
back to District Court, where the
defense would have to stand trial.
If the Supreme Court should
agree to review the case, the future
of this celebrated action of the
Government against organized med.
icine then would depend on the
ruling of the High Court.
Three Issues At Stakes.
If the court should reverse the
Court of Appeals and hold that the
Antitrust Act does not apply to
the medical profession, counsel for
the defense explained today, this
would end the case and the doctors
would be exonerated.
Three issues are at stake, first,
whether the practice of medicine
falls under the Antitrust Act;
second, whether, if the law is ap-
plicable, the restraints charged
were illegal, and, thirdly, whether
the indictment, returned in De-
cember, 1888, by a Federal grand
jury, was defective. The defend
ants were charged with restraint
of trade against Group Health As.
sociation and others.
The defense, in its brief conclu-
sion. declares:
I'VE view the indictment as an
indefinite and uncertain mass of
inferences and conclusions without
that def1niteness and certainty Of
allegation and charge necessary to
valid indictment.
'The District Court reached pre-.
cisely the same conclusion, finding
that the indictment was vague, in
definite and uncertain and did not
meet the fundamental requirement
that criminal accusation be stated
fully, clearly, and with directness
and certainty as every indictment
should be confined to a clear and
dispassionate statement of the es-
sential facts This is not such an
indictment. We think the District
Court was plainly right in dismiss
ing it.
Novel Rules Advanced.
TT may well be that the court is
reluctant to carefully analyze and
review the allegations of an indict-
ment, upon review under certiorari.
But here is presented the first prose.
cution of its kind under the Sher.
man Act in our history. Novel rules
or statutory construction have been
advanced, and an indictment which
the District Court asserted 'smacked
so much of highly colored argu-
incentive discourse has been sweep
ingly approved by the decision below
as a proper basis for carrying on Of
a criminal prosecution against rep.
utable members of an eminent pro-
fession. Under such circumstances,
we respectfully request painstaking
examination Of the indictment and
the objections.
Petitioners submit that the Dis.
trict Court correctly sustained de.
murrers to the indictment and that
the decision Of the Court of Appeals
Is erroneous and should be reversed"
Counsel for the defense signing
the petition are Edward M. Burke,
Seth w. Richardson, william E.
Leahy, Charles s. Baker. Adrien F.
Busick, counsel for all the defend.
ants except DR.. Prentiss Wilson,
who Is represented by John E. Las.
key. The defendants include the
American Medical Association, the
District Of Columbia Medical So
ciety, the Washington Academy of
Surgery, the Harris County Medical
Society Of Texas and 81 individual
doctors.