Villa Ulivella,
Isola di Capri
Prov. Napoli

12th February, 1948

Dear Mr. Kiely,

Many thanks for your letter of February 2, with enclosures. I have shown it to Mr. Douglas and ~~asked~~ to say on his behalf if it ~~should not be decided~~ *shamed not to decide* *agreement and* by the Courts when Mr. Bennet Cerf's written undertaking ceased to be a liability?

This seems to me important not only in the interests of Mr. Douglas but of all writers. I shall appreciate hearing from you at your convenience

C O P Y

January 19, 1948.

Mr. Emanuel E. Harper,
Random House, Inc.,
457 Madison Avenue,
New York 22, N. Y.

Dear Mr. Harper:--

Receipt is acknowledged of your letter of
January 16th with respect to claim of Mr. Norman
Douglas for royalty on the work "South Wind".

Mr. Douglas' claim is based not on a copy-
right but on an agreement entered into between him-
self and Mr. Cerf during October of 1925. For your
convenience I enclose a copy of letter from Mr. Cerf
dated October 28th, 1925, evidencing and confirming
such agreement. Mr. Douglas desires to know whether
you will abide by this agreement.

MJK/W

HAGGERTY, MYLES & WORMSER

60 EAST 42ND STREET
NEW YORK 17

RENE A. WORMSER
BEVERLY R. MYLES
LOUIS C. HAGGERTY
MICHAEL J. KIELY, JR.
VENAN J. ALESSANDRONI

CABLE ADDRESS RESMAY, NEW YORK
TELEPHONE MURRAY HILL 2-0127

LONDON OFFICE WITH
FRERE, CHOLMELEY & NICHOLSONS
28 LINCOLN'S INN FIELDS
LONDON, W. C. 2, ENGLAND
TELEPHONE HOLBORN 7878

May 24th, 1949

Mr. Norman Douglas
Villa Tuoro
Isola di Capri
Italy

Dear Mr. Douglas:

After a study of the "South Wind" file, I must reluctantly report to you that in my opinion you do not have any legal basis on which to proceed against Mr. Bennett A. Cerf or Random House, his present firm, and the successor firm to The Modern Library, Inc. Unfortunately, the work has, by some inadvertence, come into public domain over here, and, therefore, can be legally pirated by others with impunity. However, as you well point out in your writings, the moral obligation still stands, but, presumably, will not be recognized by Mr. Cerf or others.

The papers which you were good enough to forward to me are returned herewith.

Again may I express my regret that I am unable to take some affirmative action in your behalf. Any action I would take at this time, would, I am convinced, simply add to your expense, without affording you any reasonable hope of even a small recovery.

I do hope that your health and that of Mr. Kenneth Macpherson has greatly improved.

MJK:lf
Encl.