rights, he could have expressly done so. Not having placed
any specific restriction on the letters in this respect,
the transfer of title and possession to the government took
with it all his rights.
 
      While it is difficult for any one to state with
absolute certainty whether or not F.D.R. intended to surrender 
his common law publication rights to the general public, and it
is a fair inference that he probably never gave any serious
consideration to the question, the editorial note appearing
in the 1938 volume of his Public Papers and Addresses
indicates a complete surrender of his rights. There, Mr.
Roosevelt in commenting on his plan for the final disposal
of his papers, says:
 
           "I came to the conclusion that, as soon after I
left the White House as possible, they should all be turned 
over to the United States, as public property rather than as a
private collection. * * * that they should be under the
ownership, care and management of the United States Government;     
and that they should be open to scholars and historians as     
soon as practicable, with due concern for the interests of the     
United States and for the living personalities of our day."
 
                    * * * * * 
 
   "Modern facilities for transportation and communication,
     and modern photographic methods of reproduction should
     encourage and stimulate an increase in the number of
     research centers in American history." (Underscoring   
     added)
 
        At the press conference held in Washington on
December 10, 1938 President Roosevelt made it quite clear
how he expected all his papers to be handled. At that time he
emphasized that he expected them to be under the supervision
of an Advisory Comittee of historians who in
collaboration with the Archivist would determine how they
were 
 
                      -14-