Evening star., 1942-12-12
Final Arguments
PIannedMonday
In Doctors Case
High Court Limits
Consideration to
Three Main Points

The Supreme Court will hear con-
cluding arguments Monday in the
appeal of the American Medical
Association and the District Medical
Society from conviction in District
Court for violation of the Sherman
Antitrust Law because of their
alleged boycott" of Group Health
Association, Inc, medical co-opera-
tive of Government workers
Thurman Arnold, assistant at
torney general in charge of anti
trust prosecutions, will finish the ar
gument on behalf Of the Govern
ment, and William E. Leahy will
present the final plea for the ap-
pellants.
Doctors Case Presented.
The court listened for two hours
yesterday afternoon as Seth w.
Richardson presented the case for
the doctors, claiming no violation of
law, and John Henry Levin upheld
the Governments charges that or
ganized medicine had attempted to
destroy CHA, because of economic
competition, "in restraint of trade"
The court has restricted its con-
Sideration of the four-ytar old court
battle to three principal points, to
which the attorneys are expected
to address themselves Monday. They
will also bring in rebuttal argu-
ments. AS presented by the doc
tors these three points are:
That the practice of medicine is a
profession and cannot be reached
under the Sherman Act.
Whether the statute applies to
anything but price e-fixing and COM
petitive situations.
If doctors are in trade, whether
they do not have the same i'm
munity from antitrust prosecution
extended to labor unions by the
Norris-La Guardia Act.
District Court Verdict.
A District court jury verdict, up
help by the Court of Appeals, found
both the ANA and DMS guilty Of
violating the antitrust act because
of their acts towards CHA. Fines
levied by Justice James M. Proctor
presiding in District Court were
$4,000 for the ANA and $500 for
the DMS. All individual doctors
who had originally been made de-
PENDANTS along with the medical
groups have been cleared-two doc
tors by directed verdict and the
remainder by jury verdict Of in
nocent. The Washington Academy
of Surgery and the Harris County
(Texas) Medical Society also were
cleared by directed verdict.
Both Mr.. Richardson and Mr..
Levin were interrupted several
times by members of the court, who
questioned each on various points.
Sitting on the case were Chief JUS
tice Stone and Associate Justices
Black, Douglas, Reed Roberts and
Frankfurter. Two recent former At
tcrney Generals, Jackson and MUIR
ply, absented themselves.
Reviews Evidence.
Mr.. Levin spent much of his time
reviewing the evidence in the case.
He contended the record showed the
jury had found that the plan and
purpose" of the medical association
and society, were to destroy Group
Health Association" because it COM
peted with their incomes"
Questioned by Justice Frankfurter
as to whether the Government re-
lied on the general flavor of the
indictment" Mr.. Levin replied:
Not only on the general flavor Of
the indictment, but on its specific
charges" He pointed out there were
five specific aspects of the indict-
ment, all directed to the specific
purpose of CHA, by the
ANA and DMS.
The plan of the medical groups"
said Mr.. Levin, was to suppress
CHA competition. You may rest as
sured the jury found restraint on
Group Health"
Quizzed by Justice Stone.
Chief Justice Stone referred to
the contention of Mr.. Richardson
about five separate charges in the
indictment, pointing out that if
there were four good ones, and one
bad one, the Supreme Court would
not know what the jury found, and
should set aside the conviction.
Your claim is" asked the Chief
Justice, that If one of the charges
fell down, the last one would still
constitute a violation of the act?"
Mr.. Levin asserting said the final
general charge supported the evi-
dence of competition. The jury
found that all five charges were
tiled together" in the charge, Mr..
Levin said. He disclaimed any in
timation that any one of the charges
was bad"
Reviewing the case, Mr.. Levin
said the ANA for years had disap-
proved such practice of medical CO.
operatives on a prepayment basis
for middle class and lower paid en-
ployes. He said that organized
medicine favored group medical
practice only if open to all doctors
in a community. The ANA "prin-
ciples of medical ethics" he charged,
was not so much "ethics" as pure
economic restrictions on members
an interference with rea-
sonable competition" He read from
minutes OF the District Medical So
ciety, quoting from some doctors
here by name. He reviewed the tes-
timony showing, he said, that one
doctor was expelled from the Medi-
cal Society because he worked for
CHA. He pointed to the white
list Of approved clinics in Wash
ington, omitting CHA, and said the
evidence showed the medical groups
induced the hospitals to refuse privi-
leges to all CHA doctors until the
day before the indictment was. re-
turned, and that hospitals agreed to
have as internes only members of
the ANA. Restraints were against
CHA itself, patients, its doctors,
other doctors and hospitals, he said.
Quotes Opinions.
Mr.. Richardson quoted extensively
from court opinions, including some
by the Supreme Court itself, to con-
tend that the Sherman Act could not
be applied to the practice of medi-
cine.
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