2. Private Letters of Which Copies Were Retained by F.D.R.
in the Files Given to the Library.
 
         This group constitutes by far the largest body of
F.D.R.
letters. A good example of this type of letter would be a
letter written by F.D.R. in connection with any one or his
political campaigns, such as a letter to a State Democratic
Chairman. Such letters were usually typewritten and copies
were retained in the files transferred to the Library,
either during F.D.R.'s lifetime or by virtue of the
decision of the Dutchess County Surrogate's Court. 
 
           Here the law is not quite so well defined and one
of at
least two different positions could be taken:
 
     (a) That when F.D.R. gave his papers and title passed
     to the government, all rights which he had, including the
     common law exclusive publication rights in his
     letters,passed to the government -- in other
     words, that there was complete dedication to
     the public for all purposes.
 
                             or
 
     (b) That the gift and transfer of F.D.R.'s papers to
     the government was a transfer of title and right to
possession for a specified purpose only, subject to the
restrictions placed on the gift by the donor and that he
retained all other rights, such as the right to control
publication.
 
    Prior to the adjudication of the ownership of F.D.R.'s
papers by the Surrogate's Court in July of 1947, the
Executors without definitely committing themselves to a
fixed policy leaned toward the conclusion that if the
papers wore determined to belong to the government, then
all their rights and interest in them ceased. This attitude
was based upon the most practical of considerations, i.e.,
the impossi-
 
                           -11-