Abe Fortas

“ A passport is a document identifying a citizen, in effect requesting foreign powers to allow the bearer to enter and to pass freely and safely, recognizing the right of the bearer to the protection and good offices of American diplomatic and consular officers. ”

“ Similarly, in hearings before another Senate Committee, a Department official explained that when a passport is marked 'invalid' for travel to stated countries, this means that 'this Government is not sponsoring the entry of the individual into those countries and does not give him permission to go in there under the protection of this Government.' [16]
Although Department records show that approximately 600 persons have violated area travel restrictions since the enactment of § 215 (b) , [17] the present prosecutions are the only attempts to convict persons for alleged area transgressions. ”

“ But it was not and was not intended or represented to be an exercise of authority under § 215 (b) , which provides the basis of the criminal charge in this case.
Crimes are not to be created by inference. They may not be constructed nunc pro tunc. ”

“ However, the Department interposes no objection to the entry into Germany of Americans who have important and urgent business to transact there. In view of the present situation, such persons should understand that they go upon their own responsibility and at their own risk. ”

“ The District Court granted appellees' motion to dismiss the indictment. Chief Judge Zavatt filed an exhaustive opinion (253 F.Supp. 433 (D.C.E.D.N.Y.) ) . Notice of direct appeal to this Court was filed and we noted probable jurisdiction under 18 U.S.C. § 3731 because the dismissal was 'based upon the * * * construction of the statute upon which the indictment * * * is founded.' We affirm. Our decision rests entirely upon our construction of the relevant statutes and regulations.
Two statutes are relevant to this case. The first is the Passport Act of 1926, 44 Stat. ”

“ The Chief of the Security Branch of the Legal Division of the State Department testified to the court below that he was unaware of any prosecution for violation of area restrictions under the predecessors of § 215 (b) .↑ See also Travis v. United States, 385 U.S. 491, 87 S.Ct. 583, 17 L.Ed.2d 536; Worthy v. United States, 328 F.2d 386 (C.A.5th Cir., 1964) .↑ Hearings, n. 16, supra, at 91-95.↑ See, e.g., President Eisenhower's request for legislation, H.R.Doc. No. 417, 85th Cong., 2d Sess. (1958) . ”