Evening star., 1941-02-15
Pine and Seal
May Be Called
In Medical Trial
Testimony on 1898
Suit Involving 6. H. A.
Legality Is Likely
BY HAROLD B. ROGERS.

With prospect that defense coun-
sci in the medical antitrust case
will call to the witness stand both
Justice David A. Pine OF Dis
trict Court and former Corporation
Counsel Elwood H. Seal, the District
Court trial of organized medicine is
in recess over the week end. 1t
will be resumed at 10 am. Mon
day.
Justice Pine and Mr.. Seal will be
asked to testify, it is understood,
concerning the 1888 suit in court
involving the legality of Group
Health Association, medical CO.
operative which is the crux of the
antitrust medical case. ProSecu-
ton counsel has made much of the
fact that Justice Jennings Bailey
in District Court upheld the legality
of G. H. A.
At the time of that case, Justice
Pine was the United States Attor-
ney, and Mr.. Seal was corporation
counsel for the District. Each OF
them questioned the legality of G..
H. A., both as a corporation engag-
ing in the practice of medicine and
as an insurance company allegedly
violating the insurance laws of the
District. G.. H. A. filed suit for
declaratory Judgment in District
Court to test its legality, and JUS
tice Jennings Bailey held that G.
H. A. was legal. was not illegally en-
gagged in the corporate practice of
medicine, nor was it violating the
insurance laws.
Defense Sees "Open Question"
William E. Leahy, defense counsel,
in a recent statement to the medl-
cal Jury. explained that the ques-
ton of G. H. AS right to practice
medicine was not appealed from the
Bailey decision, but he insisted that
a decision of the Court of Appeals
upholding the right of G. H. A. to
pursue its course without violating
the insurance laws of the city left
the problem of whether it was en-
gaging in the corporate practice of
medicine an open question Pur-
SUNG the issue. Mr.. Leahy had told
the jury that the G. H. A. suit on
its legality was only filed because
G. H. A. was driven to it by the
United States Attorney and the cor
poration counsel
In the trial, the American Medical
Association, District Medical Society
and others, including 20 physicians,
are charged with conspiracy to re-
strain Group Health Association.
Justice James M Proctor. who
is presiding, indicated he would
dismiss the jury for at least half of
Monday so opposing counsel could
consider the question of admissible
ity of documentary evidence intro
duced by the Government. With
the jury and defendants both alb
sent, counsel and Justice Proctor
disposed of a number of disputed
exhibits yesterday, admitting %, re-
jecting eight and leaving over for
further consideration a large num-
ber, estimated at between IS and
$50. Since the trial began the
prosecution has introduced 800 ex-
hibits for the record, and estimated
late yesterday that about l90' so
far had been accepted.
Battle Over Documents.
Controversy broke out again be-
tween opposing counsel yesterday
afternoon over certain documents,
the contents of which we're not fully
disclosed.
With Defense Counsel Leahy OBJ
jecting to introduction of one docu-
ment, John Henry levin and Grant
w. Kelleher in their argument in
sisted on admission of the disputed
papers and disclosed more of the
prosecution's hand.
Referring to the alleged part
taken by one of the defendants,
William C. Woodward, former direc-
tor of the A. M. A. Bureau of Legis-
lation and Legal Medicine, Mr..
Levin said:
DR.. Woodward came here in 1887,
investigated the Group Health As
sociation. He wrote in September of
that year a very critical and vehe-
ment article, with the direct ap-
p1OFdI vi l1lO Dual u VI L uSGScS VI
the A. M. A. This article was edited
by Dr. Fishbein (Mr. Morris Fish
bein, editor of the Journal of the
A. M. A. and sent toolocal doctors" :"
At another point, Mr.. Leahy OBJ
jected to group of several letters
which we're being considered to-
gether, inquiries and answers, con-
Cerning a young doctor who was
considering joining the staff of
G. H A.
Il object to this whole cores
pondence, and this method of in
PRODUCING evidence in a case. Well
all be hanged on such evidence as
that" Mr.. Leahy said.
Plead With Jurist.
Mr.. Levin pleaded with Justice
Proctor, as did Mr.. Kelleher. At
times all three counsel, Mr.. Leahy,
Mr.. Levin and Mr.. Kelleher, were
on their feet at once before the
jurist
Mr.. Kelleher pointed out that the
young doctor had an offer to take
d pOSlJlUll Will VI. II. "a, LII loll-
bein had written back and advised
him to the effect that young
physicians who depart from the
principles of the A. M. A will find
1t difficult, may run into trouble. y
Here's man who falls directly
within the act" declared Mr.. Kel-
leher
Approaching the bench, Mr..
Levin declared: &c. H. A. was
trying to succeed The only way
it could succeed was to get doctors,
and patients. Here in 1888, after
DR.. Allan Lee had been deferred
from joining the staff of G. H. A..
young doctor is shown the great
value and prestige of the A. M. A.
Fishbein writes to this young man
and tells him he will get in
trouble"
Justice Proctor interrupted to
say: "Fishbein didn't even know
=.