File:Seabiscuit Tom Smith.jpg
The photos supplied by the Seabiscuit Heritage Foundation are public domain, since they were published in the United States between 1923 and 1963 without a copyright notice or the copyright was not renewed.
We would advise the PD-US-not renewed template (for the United States) when uploading the photos.
In the event you still require written permission, Col. Michael Howard has graciously agreed to assist, since the photos were orignially from the Howard family collection.