Evening star., 1941-03-25
6. H. A. Records Read
To Show Reductions in
Service and Liability
Defense Stresses Many
Changes Made to Alter
Associations Makeup

medicine read more than so pages
of documents in District Court to-
day to show that Group Health AS
Sociation made vital changes in its
bylaws to decrease its medical serv-
ice, increase the cost and throw of
liability
The official language of G. H. A
records was read to the jury by Seth
w. Richardson, defense counsel, who
stressed the numerous amendments
to G. H A. rules.
The trial was adjourned at noon
until tomorrow morning because of
the absence of William E. Leahy,
one of defense counsel, who is i'll.
His associates hoped he will be able
to return tomorrow.
Mr.. Leahy has been occupying a
prominent role in presenting the
case for the two medical groups and
18 defendant doctors, charged with
violation of the Sherman Antitrust
Act for alleged restraint of G. H. A.,
its doctors, patients and others.
Leahy's Charge.
Mr.. Leahy several times had
charged the amendments changed
the vital character of the medical
cooperative so as to get around
organized medicines claim of lille
gality. The defense also charged
the bylaws had succeeded in so al
tering G H. A. that by the time the
court case challenging its legality
came up, District Court found it
was neither a corporation practicing
medicine nor an insurance company.
The first amendment, made in
April, 1887, was as follows:
The corporation will not assume
responsibility for furnishing un-
limited medical service to members.
but will do so only to the extent of
its resources and to the extent
which, in each case is considered
desirable and necessary by the medi-
cal director"
Liability Changed.
This section on liability was finally
changed for the sixth time in Sep
tember, 1888, to read as follows:
The association does not guaran-
tee that it will provide any or all
the services above specified and for
which it will attempt to contract on
behalf of its members and it shall
not be liable to any member or his
dependent in any manner whatever
if it should for any reason. including
lack of funds, be unable to procure
any or all of said services when
called upon to do so.
The association does not guar
antee that any physician or physi-
clans with whom it may enter into
a contract to render services will
perform or properly perform such
contract, and its only obligation in
the event of the breach of such con-
tract by any physician shall be to
use Its best efforts to procure the
needed services from another source.
The association shall not be liable
to Its members or their dependents
for any act of omission or COM
mission on the part of physicians or
other persons with whom it NAV
contract for the rendition of services
to its members and their de-
pendents"
No Comment Made.
Mr.. Richardson made no comment
on the documents nor did he try to
interpret them, except through in
flection.
Article 10, section of the by.
laws was altered six times, Mr.
Richardson showed. The section re-
fers to the responsibility of G.. H
A. and showed an increasing limita-
ton on the service and G.. H. Az
liability.
Justice James M. Proctor took
under adviSement the defense re-
quest for admisSability of certain
District Medical Society minutes
Prosecution counsel objected.
The trial is winding its seventh
week today. with prospects that an
indefinite period still will be neces-
sary to present the rest of the
defense testimony. The only testi-
mony completed is that relating to
the American Medical Association
and five of its national officers from
Chicago. The remaining defendants
are the District Medical Society and
13 Washington doctors, who are
charged with an alleged boycott
against G. H. A. in violation of the
Sherman Antitrust Act.
How much longer the trial will
last became a question of still more
acute interest today, in view of plans
announced yesterday that all di-
visions of District Court, including
Criminal Court No. 2, in which the
medical trial is proceeding, will be
in Easter recess from April 10 to
April 81. Unless the trial is COM
pleted by April 10, therefore, it ap-
peared likely that it would run into
late April at least
More Evidence for Society.
Mr.. Leahy indicated he still has
considerable evidence to present on
behalf of the Medical Society itself
as a corporation. before launching
into defense of the Is individual de-
PENDANTS.
After testimony on direct exam
ination by their own counsel, Gov
ernment prosecutors intend to cross
question all the defendants as thor
oughly as the direct testimony ap-
pears to justify. John Henry Levin
prosecution counsel, indicated he
would demand the right to use as
much time as necessary in cross
examination.
Dirertors Wife Nance