Attorney Accepts Norris Proposition
My dear Dr. Norris:
I.
We gladly accept your proposition for Mr. Wallace to unhampered, revise, correct and perfect his side of this discussion here in my adjoining office, and to see yours also; this to be done with any man whom you select to be with him, but it is to be strictly understood that his correction, revision and transcription of the notes on this debate are to be solely upon his own judgment and from his notes, and with the further understanding that same is to be as near absolutely identical with the speeches as delivered as is possible. It makes absolutely no difference where this is done, except, if done here, I have an extra office and a stenographer for their convenience where they would be unhampered and unmolested by any one. That is the reason that we want the work done here, and they could certainly get no help from me because that is wholly out of my line.
II.
It is further agreed and understood that you may have anyone present you desire, and he may have anyone present he desires but of course not to such an extent as to hamper and annoy him in his writing of any portion. After Mr. Wallace's unhampered revision and re-writing of any portion necessary of his discussion be made then before publication he is to be submitted the galley sheets of both sides of the discussion and you are to receive the same with the right to correct same where there is error or mistake.
III.
When this is done then the terms of the publication will be as stated in the previous communications; that is if copy righted at all it must be a joint copy right, and each allowed the right to publish and sell the discussion. If it is not deemed advisable to copy right then you or Mr. Wallace each individually have the right to publish and sell any amount and number the editions of the debate, and the one publishing and selling would have the right to all the profits arising from the publication and sale of same by him. I am telling you candidly that you will be surprised I believe in the number that can be sold if they are put out in the correct and proper form; otherwise the sale will be materially reduced in my judgment. I believe though that it would probably be better for you to have a joint copyright of the complete debate, and then each have the right to publish and sell individually, if this can be done legally, and I am frank to say to you that I have not given this phase of the case any study.
IV.
It is to be distinctly understood by our acceptance of this offer that the authority of your representative will be restricted to the protection of your transcript, and that he shall have no authority over Mr. Wallace's work. In revising, correcting or supplying missing parts, and in the arrangement and form of his speeches. In these particulars it must be understood that he shall have absolute freedom. Then too in the finished form we should expect it to show the time used by each speaker and the sequence of said speeches and the alteration of the speeches to be exactly as delivered.
V.
It is further understood that this acceptance by us of the proposition to unhampered revise, review and correct this discussion in no way waives our rights to the subject matter thereof, and in no way assigns to you or anyone else the right to publish or sell this discussion as the debates and forms to be sold must be subject to our approval in its finished form and subject to the terms and conditions heretofore stipulated.
I feel very happy in believing now that we shall have a happy solution of this unpleasant matter, and hope that Mr. Wallace may be able to start by next Tuesday; and wish you would advise me upon receipt of this letter when the transcript will be delivered here by your representative as Mr. Wallace will be compelled to postpone an engagement in West Virginia which is now set for March 3rd.
I am presuming that the shorthand notes have been transcribed, and are available for our use.
Thanking for your prompt attention to this matter, and assuring you of my co-operation toward a successful solution of this matter, and hoping to hear from you immediately, I am,
Yours very respectfully,
Nolan Queen, Attorney-at-Law.
* * * *
NOTE: The time and place was agreed upon, and I postponed a meeting and I went to the appointed place at the appointed time, but we were never able to contact Mr. Norris. In a few days the following letter came.
* * * *
My dear Judge: February 28, 1935
Thank you for yours of the twenty-third. Will be home in a few days and I think that you and I personally can settle the whole matter and I will call on you personally when I return.
Yours very sincerely, J. Frank Norris
* * * *
Norris continued to dilly-dally, crawfish and stall. A few days later the following letter came:
March 6, 1935
My Dear Judge:
Just returned from Detroit, and leaving for Houston, but will be back Saturday and be here several days. In the meantime will be very glad to confer with you with reference to Mr. Wallace's side of debate.
In addition to my former propositions I will make these: First: The debates to be published just as delivered with minor corrections, spelling, grammatical errors and so on-no essential change, and that the affidavits of the stenographers taking down the addresses accompany the publication of each debate, and stating that the debates are published as delivered.
This could be easily handled for as certified to by the stenographers and delivered to the publisher-he in turn could certify that the debates are published as certified to by the stenographers. This is what the public wants; namely, just as the debates were delivered.
I repeat any necessary correction of errors in spelling, English, punctuation, etc., should be made.
Second: That we divide the profits of the publication on a fifty-fifty basis after all expenses are paid, and that Mr. Wallace or his representative be given access to all records pertaining to the cost, sale-in fact all financial records pertaining to the book.
Yours very truly, J. Frank Norris.