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at aA 1388 id geerets act while a member of the ¥ Supreme Cour Cour} In Kent Case ' én his own behalf with the consent sked to Act By the Aispcigted Prose . An effort to bring about the re- to the United States of Tyler t, convicted in a British court of viclating the British official war American Embassy staff in London, was begun in the Supreme Court yesterday by Kent's mother, Mra Ann H. PyKent of this city. ’ The effort was in the form of aj motian for permission to file s petition for a writ of mandamus. Don M. Harlan of Detroit, attorney for Mrs, Kent, said the writ, if granted, would call on President Roosevelt to ascertain the causes| for Kent's detention, and if he were wrongfully held, to demand his re-|' lease. If the demand met with un- yeasonable delay, Harlan said, the) President would be required to use “all acts short of acts of war” to effectuate the release. Harlan said the petition qu joned the right of the State De-| ent to waive immunity ent. He contended that “the Cen- tution follows the flag,” and that nt was under the protection of the Constitution while employed as| a clerk in the American Embassy. In order to be released to the British, Harlan contended, Kent would have had toe waive immunity of the United States Government. Harlan also contended that Kent’s imprisonment in Britain, in the.light of the State Department’s recent public announcement of the ease, constituted a threat of double jeopardy for the same asserted of- | fense, Mrs. Kent said she was in fre-| quent direct communication with! her son, She said she had written him about “efforts to smear his character” in this country, and that he had replied that such ac- tions demonstrated that United; States authorities “fear the facts.” Mrs. Kent previously asserted the State Department's statement ef the case left unanswered “the point on which the American peo-| | ple demand an investigation, i. e., the existence or nonexistence of secret prewar agreements made by the President without the advice and consent of the Senate." She stated her son was required to h e “secret agreements betwen sevelt and Prime Minls{er hurchill.” . The Supreme Court will mvet tober 2 to open its new term, 7 Vv INDEXED Y_-- “tof NOT SE wD 87 SEP 19 1944 This is a clipping from page__5 sof’ the mee a: ror PFE Af Clipped at the Seat of Government.