Evening star., 1952-07-10
Bauer Case May Lead
To Revised Procedure.
For Lifting Passports
By Howord [. Dutkin

The State Department is study
ing q special Federal court opin-
ion in the Anne Bauer passport
case with the possibility of max
ing any necessary changes in
passport revocation procedure, q
department official said today.
The special three Judge court
held yesterday that Secretary
Acheson acted Illegally In revok-
ing Miss Bauer's passport without
notice and hearing and ION the
bald assertion" that her activities
were contrary to the best interests
Of the United States.
In addition to his statement as
to possible changes in procedure,
the department official declared
Miss Bauer had not asked for q
hearing.
Conference With Attorney.
He declared that, contrary to
any arbitrary action on the part
OF the department. passport OH
cialS had carried on considerable
discussion Of the case with Miss
Bauer's attorney, Jack Wasser-
man. He said that hearings are
granted upon request in such
matters and said that in the fu-
ture the passport division would
probably make more of q point
OF telling those whose passports
have been revoked of their rights
to such hearing.
Miss Bauer, q free lance writer.
is a grand-niece of Jesse I. Straus,
former Ambassador to France.
Her passport was revoked last year
while she was in Europe. The
only reason given by the State
Department for the action was
that "her activities are contrary
to the best interests of the United
States"
The Government contended in
court that the issuance and revo-
cation Of passports are in the
realm Of the conduct of foreign
affairs. As such. it was contended,
they are within the province of the
Executive and may not be inter-
fered with by the Judiciary
branch.
Must Observe Constitution.
But the court ruled that the
State Department. even in affairs
in which it bears virtually sole
responsibility, must also observe
the law as expounded in the Con-
stitution.
In its opinion. the court held
that Miss Bauer faced deprivation
Of liberty and property without
due process Of law in the revoca-
tion of her passport without being
granted a hearing.
The plaintiff had asserted that
livelihood as a journalist and an
author depends on freedom to
travel. This, she contended, was
cut OF by the lifting Of her pass
port.
See Parallel.
The opinion pointed out that in
cases involving travel within this
country. the Supreme Court had
recognized that personal liberty
includes the right to move from
one State to another.
And the tribunal declared: EFT
te dif47nI1lf ~ Soa vr,hax.A F.aa.la,.a -
travel outside the United States
is any less an attribute of personal
liberty"
Turning to- the powers claimed
by the Government. the court
stated that. while it is true "that
conduct of foreign affairs is a.
political matter within the discre-
tion Of the Secretary of State :.
and is not subject to judicial re-
view there is. however, the
recognized limitations of the pow
er Of the political departments of
the Government that their acts
must be within the Constitution
and not in conflict with any pro-
vision thereof"
The opinion was written by Dis
trict Judge Richmond B, Keech
and concurred in by Judge Edward
M. Curran. Judge Charles Fahy
OF the United States Court OF Ap-
peals. who also sat on the special
tribunal, dissented not necessarily
with the opinion, but on the
grounds there was no real con-
stitutional question involved and
that, therefore, the case should
have been heard by one judge only.