Evening star. [volume], January 12, 1940, Page A-7, Image 7

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Anti-Trust Medical
Case Argued as to
Scope of Application
«
Counsel for Doctors
Resists View It Is
National Issue
Argument in the anti-trust med
ical case got under way today before
the Court of Appeals with the issue
swinging to a difference of opinion
as to whether the outcome will have
national or purely local signicance.
Assistant Attorney General Thur
man Arnold, in charge of the ad
ministration anti-trust campaign,
told the court a question of broad
“social" significance was involved in
charges that the organized medical
. profession had violated the Sher
man act through a boycott against
Group Health Association of this
city.
Counsel for the defendant doctors
resisted the attempt of the Govern
ment counsel to make a national
and “social” issue of the case.
Speaking for the doctors, Seth W.
Richardson declared: “There is
nothing national about it.”
Mr. Richardson insisted that
charges against the doctors were
specifically local and should be re
stricted to what took place in the
District of Columbia. He charged
the Government with an attempt to
lay upon the doctors “the burden of
a charge that we are opposing a
crest social nurnnse ”
Appeal From Proctor Ruling.
The case is before the Court of
Appeals on an appeal by the Gov
ernment from a decision by Justice
James M. Proctor in District Court,
who had upheld the doctors’ con
tention. Justice Proctor had sus
tained a demurrer by the doctors
to an indictment returned by Fed
eral grand jury in December, 1938.
charging organized medicine with
“restraint of trade’’ against Group
Health Association and its doctors
and 12 Washington hospitals.
Justice Proctor in his decision,
i which beld that the anti-trust law
could not be applied to the doctors
in this case, said the practice of
medicine is not a trade.
. Around this point much of the
argument before the Court of Ap
peals today was centered. As
sistant Attorney General Arnold, in
appealing from Justice Proctor's
definition of restraint of trade,
pointed to several decisions by the
Supreme Court of the United States
which, he said, should indicate a
much "broader” interpretation of
trade to include the practice of
medicine.
Spirited Reply Given.
Mr. Arnold drew a spirited reply
from doctors' counsel by empha
sizing a case in another State
where a doctor, Mr. Arnold said,
had been “thrown out of his medi
cal society for charging half price
to people on relief."
"The doctors are standing here
defending a boycott," charged the
Assistant Attorney General, “for
the sole purpose of protecting their
fees."
• Resentment at this charge came
from Mr. Richardson, who claimed
the doctors would not yield to any
■ general charge that they were try
ing to deprive the poor of medical
care.
“If there is to be a consumma
tion of medical relief to poor peo
ple." he declared, “the doctors will
. be the ones to bring that relief to
the people."
“The doctors of this country give
$1,000,000 a day in free medical care
to the public. Now the doctors are
pilloried here as standing in the
way of relief. There has been a
studied attempt on the part of the
Government to show that the na
tional movement was standing in the
way of medical care and that these
doctors were malefactors.''
History of Case Outlined.
The case for the Government was
opened by John Henry Lewis, who
outlined the history of the case in
the charges against the defendants.
The defendants are the American
Medical Association, the Medical
Society of the District of Columbia,
the Harris County Medical Society
of Texas and 21 individual doctors.
Sitting on the case were Chi$f
Judges D. Lawrence Groner of the
‘ Court of Appeals, and Associate
Justice Fred M. Vinson and Justin
Miller.
It was expected argument would
be concluded some time today.
. Housebreaking Suspect
Held in $25,000 Bond
Pleading guilty to one of eight
charges of housebreaking filed
against him today in Police Court,
Charles Edward Leapley. 23, of 708
G street S.E., was held under $25,000
bond for action of the grand jury.
Judge Hobart Newman wasted
little time after hearing facts of the
case and glancing at Leapley's
criminal record showing 48 arrests
in a 10-year period, starting in
October, 1930, when the defendant
was 13. Judge Newman ignored the
Government's recommended bond of
$2,500 and set it at $25,000.
Precinct Detective Irving Lubore
said that in addition to the eight
cases filed by him this morning 31
others may be filed before the grand
jury by policemen of No. 9 and No. 5
• precincts.
Leapley was arrested Tuesday by
Detective Lubore at the scene of a
housebreaking in the 100 block of H
gk street N.E. The detective said he
6pent the last two days accompany
ing the defendant to the scenes of
numerous thefts trying to recover
. loot he had discarded on rooftops,
in trash cans and in shacks. Many
pieces of stolen property will not
be recovered until the snow melts.
Detective Lubore added.
The hearing this morning specifi
cally charged Leapley with break
ing into the home of Mrs. Sarah
E. Taylor at 221 Tenth street N.E.
and stealing clothing valued at
$150.
Son of Ex-Fire Chief
Turns in 7 False Alarms
the Associated Press.
JERSEY CITY, Jan. 12.—John
Magee, 20-year-old son of a retired
battalion fire chief, was sentenced to
90 days in jail in Criminal Court
today on seven charges of disorderly
conduct for turning in false Are
alarms.
t Deputy Police Chief John J. Un
derwood said Magee turned in the
alarms because he wanted to see
I Are engines speeding along the
streets.
GOLDEN WEDDING—Mr. and
Mrs. Charles Edgar Davis, 1258
Perry street N.E., who will
celebrate their 50th wedding
anniversary January 15 at the
'home of their daughter, Mrs.
Robert S. Boucher, 824 Emer
son street N.W. Mr. Davis, 76,
an employe of Woodward &
Lothrop’s for the past 52
years, and Mrs. Davis have
four children and four grand
children.
—Harris-Ewing Photo.
London
(Continued From First Page.)
coast when British planes swooped
toward it.
Off the east coast a big Dornier
“flying pencil," which was believed
to be a minelayer, was observed fly
ing low over the sea. The craft was
driven off Dy three British fighters.
Germany's aerial inspection of
almost the whole British east coast
was regarded by air force strate
gists as a threat of more destructive
visits to come.
In a series of raids at six points
from Southeast Scotland to the
English Channel yesterday — the
most widespread of the war so far—
German flyers attacked only mer
chant ships and trawlers. They
made no attempt to bomb land ob
jectives.
Air experts concluded that the
primary object was to photograph
the seaboard as a guide for future
waves of bombers, perhaps as prep
aration for intensive raids on British
docks and shipyards.
To strengthen coast defenses
British authorities considered send
ing aloft more balloon barrages
from barges near the shore, sharp
ening anti-air raid vigilance at cer
tain coast points and increasing thf
number of anti-aircraft guns along
the shore.
Britain Plans Blow for Blow.
Britain apparently was preparing
also to deal blow for blow in any
intensified warfare.
The air ministry disclosed that
new superfighting planes, a long
range type “of very high speed,'
were in production. It said the time
had not yet come to use them, bul
“when it does, there may be som<
surprises—especially in the numbers
which are likely to be used.”
In the just-published 1940 edition
of "Jane's All the World's Aircraft'
C. G. Grey, foremost British air
craft authority, reported work
“nig'nt and day" turning out a
“new and secret" type of war plane
Mr. Grey declared that British
airplane engines are unsurpassed by
those of any other nation, a con
clusion. he said, which “seemed tc
have been confirmed since the dec
laration of war.”
lUUiMtl J new UIUCM.U UJ
some quarters to refer to the new
Defiant, a single-motor fightinj
plane said to be faster than eithei
of the Royal Air Force's leading
pursuit types, the Spitfire and Hur
ricane.
The supermarine Spitfire, capable
of almost 400 miles an hour, is
’ Britain's fastest plane now, anc
1 some British authorities have callec
| it the world's fastest. The exaci
potentialities of the single-motor
single-seater, low-wing fighter are
secret, however.
Range Less Than Nazi Type.
The range of the new Defiant ii
| less than the 825-mile range of the
i German Messerschmitt, which car
—but has not—convoy bomber!
on raids of Britain. British flyers
are eager to see what would happer
if a Messerschmitt battled a Spit
fire, Hurricane or Defiant.
Britain has two models capable o:
convoying her slower bombers or
raids over Germany. They are the
Blenheim and Beaufort, both twin
motored light bombers that can be
used as long-range fighters. The
Blenheim's range is 1.000 miles anc
the Beaufort’s slightly more.
A new policy by the German Nav;
in attempting to cut off Britain’!
vital overseas trade w'as believed in
dicated by the sinking yesterday o
the 7,267-ton British tanker El Ose
in the Irish Sea, the first official^
recorded sinking by a mine off the
west coast.
Three men were believed drownec
and eight others were seriously in
jured in the crew of 30 aboard the
tanker, which was in a convoy afte:
a six-week voyage from Soutl
America with a cargo of fuel.
Wife Seeks Divorce
ROCKVILLE, Md„ Jan. 12 (Spe
cial).—In a petition filed in the
Circuit Court here, Mrs. Helen Belli
Eaves of East Riverdale, Md„ ask:
for a limited divorce from Charle:
Watson Eaves of Bethesda, Md., anc
to be awarded ' custody of thi
couple's only child, Charles A
Eaves. It is charged that the plain
tiff was deserted June 16, 1939. Th
couple was married June 27, 1936
the petition says.
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A
Ellender Defends
Charge That Murphy
Aides Misuse Trust
Bares Correspondence
Regarding Louisiana
Scandals Probe
By the Associated Press.
NEW ORLEANS, Jan. 12.—Sena
tor Ellender, Democrat, of Louisi
ana declared today he had "no apol
ogies to make” for his charge that
Attorney General Murphy's assist
ants were “misusing their sacred
trust” in the Louisiana scandals in
vestigation.
Ten men are under prison terms
and scores have been indicted.
Baring his correspondence with
Mr. Murphy and with Senator
Burke, Democrat, of Nebraska,
chairman of a Senate Judiciary Sub
committee, Senator Ellender charged
in a statement the Louisiana press
was abusing its "constitutional privi
lege-freedom of the press”—and
said he was not opposing Mr. Mur
phy’s nomination to the Supreme
Court.
The Senator said that on January
5 he was advised O. John Rogge, Mr.
Murphy's assistant here, had invited
reports of “all frauds” in the Janu
tor Ellender is stumping for Gov.
Earl K. Long, the late Huey Long's
ary 16 Democratic primary. Sena
brothe*, seeking re-election.
"I became incensed and thought
it unfair for a prosecutor to pre
judge an election and assume that
it would be stolen,” Senator Ellen
der said. "I am still of that opinion.
I suggested to my informer that he
immediately airmail copies of the
newspapers containing the state
ment to the Attorney General.”
Jay Franklin to Speak
Jay Franklin, whose column ap
pears daily in the editorial section
of The Star, will disscuss his new
book, "1940.'' on Vesta Ealcs' book
review program presented by sta
tion WJSV at 1 p.m. tomorrow.
Congress
(Continued From First Page.)
for farm parity payments. That
would make unnecessary any addi
tional taxes for financing farm pay
ments."
Omitted From Budget.
President Roosevelt omitted any
request for 1941 parity payments in
his budget,, on the theory that farm
prices would be maintained at a
reasonably good level, but said that
if the payments were needed to as
sure farmers 75 per cent of parity
(the pre-1914 level*. Congress should
: levy new taxes to pay for them.
; He also proposed new levies to com
pensate for the extra defense out
lays.
Senator Reed. Republican, of
Kansas joined Senator Lucas in sug
gesting transfer of money from de
fense to farm purposes. A proposed
$5,000,000 expenditure to improve
the Guam harbor, he said, could be
well spent for farm relief.
“I want to have an adequate de
I fense, but I have yet to be con
| vinced that the amounts asked by
: the President are necessary," sen
; ator Reed added.
I Senators Lucas and Reed gave
; their views while leaders of the
' American Farm Bureau were telling
| the President yesterday that they
\ demand $607,000,000 for parity pay
■ ments of wheat, cotton, tobacco.
; corn and rice and $200,000,000 addi
i tional for dairy and other products.
Security Board Backs
Plan for U. S. Sale
Of Annuities
Experts Aid Wagner
In Proposal to Pay
Savers $100 Monthly
By the Associated Frets.
Senator Wagner, Democrat, of
New York said today the Social
Security Board has approved in
principal his proposal that the Gov
ernment sell old-age annuities.
Board experts, he added, are aid
ing him unofficially by making act
uarial and technical studies of the
plan, which would provide annui
ties up to $100 a month.
The annuities would be sold
through post offices, much as "baby
bonds" and postal savings accounts
are handled. Senator Wagner said
that payments could be made an
nually or in installments through
out the year. His plan also would
permit a lump-sum payment for a
Government-guaranteed annuity.
Forecasts Opposition.
Senator Wagner declared that he
would introduce legislation to carry
out the plan at this session, but
added that most major insurance
companies might offer stiff opposi
tion.
Without naming the official, he
added that an officer in one major
company, however, had advised him
the program would not compete
with private annuity plans and that
it would help to make the country
annuity-minded.
The Senator said the annuities
could be sold by the Government
at about one-third less than the cost
of similar policies issued by private
insurance companies. The cost to
the Government, some authorities
contend, would be confined largely
to administration of the program.
Aid Small Bnsinessmen.
The new plan, Senator Wagner
declared, would be especially bene
ficial to small independent business
men who do not now come within
provisions of the Social Security Act.
These persons, he said, have been
especially anxious to make some
low-cost provisions for their old age.
Senator Wagner proposes that the
annuities be so arranged as to ma
ture in from 20 to 25 years. Thus,
a young man could start buying an
annuity at 20 and begin receiving
i income from it at 40 or 45. Senator
; Wagner expressed the view that any
! plan to withhold annuities until a
policyholder reached a specified age
would be too rigid.
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