Evening star. [volume] (Washington, D.C.) 1854-1972, 1942-12-11

Doctors Group Argue
Trust Convictions
In Supreme Court
Societies Charge CHA
Physicions Procticed
Medicine Wholesale
Earlier Story on Page A-2)


The Supreme Court began
hearing arguments this after
noon on the appeal of the Ameri-
can Medical Association and the
District Medical Society from a
District Court decision holding
them guilty of violating the
Sherman Anti Trust Act through
alleged restrictive activities
against Group Health Associa-
ton, Inc.
Representing the appellants, At
torney Seth w. Richardson con-
tended that organized medicine did
not represent all the doctors either
In the District of Columbia or the
United States, but did object" to
having few doctors in CHA take
care of the Government people here.
We didn't think it a proper con-
dition," the counsel told the Su-
preme Court, for those doctors to
practice medicine wholesale"
Mr.. Richardson commended that
the Justice Department, which had
successfully prosecuted the two
medical groups, had attempted to
get around" the issue of application
of the Sherman Act to the medical
profession. But he asserted it still
was one Of the principal issues and
would be so argued.
Organization Explained.
Explaining the organization of the
District Medical Society, Mr.. Rich
ardson said they were governed by
the doctors code of ethics and
that all members of the society
joined it with full understanding
that they would be so governed.
CHA. however. Mr.. Richardson
told the court, did not obtain its
doctors from among the hundreds
Of doctors practicing here over
which the Medical Society had no
control and were available" But
he charged. CHA proselyted our
men" Counsel then explained how
these doctors sent designations to
the Medical Society, then CHA got
doctors to withdraw such resigna-
tons, and finally one doctor was ex-
PEELED from the Medical Society.
Doctors have a code of ethics, Mr..
Richardson told the court, under
which they will not consult with
those who are not bound by such
ethics
The two medical associations were
found guilty of certain restrictions
against Group Health Association,
Inc. against the doctors and pa
tients Of CHA, against the hospitals
of this city and also against men,
bers of their own profession. The
American Medical Association was
fined $4,000 and the District Medical
Society 81 500 The protracted court
battle which had been appealed to
the Supreme Court twice and had
been refused a review, now Is on ap-
peal by organized medicine. In their
brief they claimed the medical pro-
fession is profession and there
fore is not a trade. and cannot be
held under the jurisdiction OF the
Sherman Act.
Activities Criticized.
Group Health Association, Mr..
Richardson told the court, was or
ganized under a special act of Con-
gress providing mostly for religious
and welfare activities, but that in
reality CHA was set up commercial
ly by group of laymen to hire doc
tors and practice medicine. He
charged that the district attorney
here had held it was illegally prac-
ticing medicine; that the corpora
ton counsel of the District had held
1t was illegally practicing insurance
He contended that the District
Medical Society had attempted to
cooperate, asking for a conference.
but that CHA had refused the CO.
operation
Mr.. Richardson asked the court
for half hour additional time, and
was granted Is minutes. The court
docket originally had filed two hours
for hearing both sides.
Thurman Arnold, Assistant Attor-
ney General in charge of anti trust
prosecutions. was ready to present
the Governments argument.