Schumer: Final Hurdle Cleared in Bid to Secure Historically Valuable FDR Papers From Private Collectors - Papers Will be Unveiled in a Matter of Months

Press Release

U.S. Senator Charles E. Schumer today announced that the final hurdle has been cleared in his bid to allow a private owner to donate a valuable collection of historical papers from President Franklin Delano Roosevelt's administration. The papers are known as the Tully collection. Schumer said that for the last two years he and his office have been trying to facilitate this transfer, which had been prevented because the National Archives asserted a claim to a portion of the collection and the threat of litigation over ownership prevented the gift from being completed. To help overcome that problem, Schumer introduced a bill that was signed by the President on February 1st to clear the way for the gift. However a last minute stumbling block prevented the gift from taking place at that time, when the private donor went into bankruptcy, preventing the transfer of assets. Today, Schumer announced that a bankruptcy judge has signed an order allowing for the papers to be deemed as 'abandoned' under bankruptcy law, and thus not part of the bankruptcy estate, therefore allowing their transfer. Last week, the Deed of Gift for the papers was officially signed by both parties.

"After almost five years, we have finally brought the ball over the goal line, and these papers will soon be available at the best possible home -- The Roosevelt Library in Hyde Park," said Schumer. " It's been a difficult road at times but the papers are signed and the ink is dry and this is finally a done deal. The Roosevelt Library was the first presidential library in the country and is a magnet for tourists and tourism dollars, and the addition of these papers will only increase its draw for people around the country."

"The Roosevelt Library is absolutely delighted to be able to add the Tully Archive to its collections and we are forever grateful to Senator Schumer and his staff for their crucial leadership in acquiring this important collection for the American people," said Cynthia M. Koch, Director of the Franklin D. Roosevelt Presidential Library & Museum

Grace Tully served for several decades as part of Franklin Roosevelt's personal secretarial staff. In 1941, Miss. Tully became FDR's principal personal secretary, performing duties such as dictation, document preparation, and records management of the President's personal files. A trusted confidant, FDR also appointed Miss. Tully to the three-person committee established to provide initial stewardship of FDR's papers and records during their transfer to the presidential library. Until Miss Tully's death in 1984, it was not known the extent to which she had preserved and maintained additional Roosevelt papers and materials in her own possession. After Miss Tully's death, this incredibly rich and important collection of Roosevelt materials passed from her estate through the private hands of collectors until the opportunity arose for their permanent deposit at the Roosevelt Library.

To help broker a fair deal ensuring delivery of the historically valuable papers to the FDR Library, Schumer's office met with all sides on the issue -- the current owners, the FDR Library, the National Archives, and the IRS -- to determine the best way to get the matter resolved, since the papers are currently at the FDR library in sealed boxes. Schumer decided the best legislative fix would to pass legislation making it clear that the federal government may make no claim to the papers, thereby clarifying that the private owner, the Hollinger Corporation (owner of the Chicago Sun-Times), may make a rightful donation of the collection to the National Archives and take a tax deduction under current tax rules. The law does not provide any tax benefit -- it simply states that the National Archives can make no claim to ownership, thereby eliminating the need for litigation and clearing the way for the papers to be donated. Schumer's bill passed both houses of Congress earlier this year and was signed by the President February 1st.

The deal hit a last minute stumbling block, however, when the private donor declared bankruptcy. Under U.S. law, entities in bankruptcy are prevented from donating, or discharging in any manner, their assets. This prevented the donor from transferring official ownership for the papers to the FDR library. Today Schumer announced that this issue had been resolved. On June 28th, U.S. Bankruptcy Judge Christopher S. Sontchi signed an order authorizing "abandonment of certain letters and documents" allowing for the donor to relinquish claims to the papers and transfer ownership. A deed of gift -- officially transferring ownership -- was signed July 6th.

In 1984, President Roosevelt's former secretary, Grace Tully, bequeathed a large collection of FDR papers and memorabilia to her niece. The collection was then turned over to several private owners, and is now in the hands of Sun Times Media, who purchased it in 2001 from a rare book dealer for $8 million. The collection, called the Tully Collection, is probably the most important set of FDR papers in private hands.

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