however, that the appointment of such Committee was from the very beginning an integral part of the entire plan. Thus there is persuasive evidence that not only did President Roosevelt fail to reserve any common law property rights in his correspondence, but, on the contrary, that he intended to surrender all rights along with the transfer of title and physical possession to the government. (b) 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. The only sound approach in support of this conclusion is to regard the gift of the papers to the government as a transfer of title and the right to physical possession only. In other words, that the government acting through the Library stands in much the same position that the original recipient of a letter occupies. Under this interpretation of the gift, the government as owner of the documents has all the incidents of such ownership with the duty of preserving then and making them available as source material to students and historians for purposes of historical study and research. Using the argument that has been rejected by the courts in the more recent cases involving literary property rights in writings transfered by sale, the Trustees could insist that unless and until there is an adjudication to the contrary, F.D.R., by failing to specifically mention publication rights in -16- |