Evening star., 1947-05-28
Are the Presidents Files Private?
Two Former Executives Said That They We're but Senator'S
May Feel Differently About Some Roosevelt Papers
By Francis. r. Douglas.

Senator Brewster. chairman of the War In
vestigating Committee, has said no legislative
or court action is planned to obtain papers from
the files OF the late President Roosevelt until
the possibility of an amicable agreement has
been explored thoroughly. I'VE hope to solve
the problem that way he said.
The papers sought are letters supposed to
have bearing on the Arabian oil investigation.
Senator Brewster said last week he believes q
Senate committee, not private individuals.
should be the Judge of availability of Mr. Roose-
velt's papers.
Senator Brewster believes he has another
recourse That is decision by Justice Alex
ander Holtzon of the District Court last week
in the House Un-American Committee case.
Justice Holtzof upheld indictments of 20 per-
sons charged with contempt of Congress- and
ruled Congress has the right to examine almost
anything pertaining to subject under inyesti-
cation.
Senator Brewster referred to that ruling as
"clear cut and sweeping" adding: "It seems to
leave no ground for any one to resist our de-
mands for material"
The Maine Senator's task would be simplified
were it established that the papers in question
were Government records. But at least two
Presidents have maintained that Presidents
files are his own not the Governments.
President Taft's View.
President Taft, in lecture delivered several
years after he was Chief Executive, said the
office of the President is not recording office"
"The vast amount Of correspondence that goes
through 1t, signed either by the President or
his secretaries, does not become the property or
record of the Government unless it goes into the
official files of the department to which it may
be addressed" he said.
Mr.. Taft said that the President on leaving
Office, takes with him all correspondence, origi-
nal and copies, carried on during his admins
tration." Mr.. Taft took his papers. Later, they
were turned over to the Library of Congress for
deposit-not as a gift-and subject to certain
conditions as to use.
President Cleveland went even farther than
President Taft. He maintained the right of the
President to complete control OF papers, even
when they are in the files of the departments.
The occasion, in 1885, was demand by the Sem
ate on the Attorney General for documents re-
lating to a district attorney in Alabama ousted
by Mr. Cleveland.
Mr.. Cleveland directed the Attorney General
not to produce the papers and told the Senate:
Against the transmission of such papers
and documents I have interposed my advice
and direction 8 because I regard the papers
and documents withheld and addressed to me,
or intended for my use and action, purely un-
official and private, not infrequently confiden-
tial, and having reference to the proper per-
formance of duty exclusively mine.
II consider them in no proper sense as upon
the files of the department but as deposited
there for my convenience, remaining still under
my control. suppose If desired to take them
into my custody I might do so with entire
propriety, and even If I saw fit to destroy them
no one could complain"
Only Objection Is Fishing Expedition.
Miss Grace G. Tully, Mr.. Reosevet's White
House secretary and one of the committee
named by him to determine which of the papers
should be made public, which sealed up for a
time and which withheld forever from publica-
tion, said of the demands by congressional