The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-10-22
Why--a New York Yachtsman Thinks
1t Will Fail.
THE CHALLENGE AND DEED OF
GIFT COMPARED.
They Are Widely at Variance, But as Both
the Englishman and the American
Committee Are Eager for the Race,
Some Way May be Found Out of the
Dif1culty-American Yachtsmen Cer-
tainly Hope So.

Difaculty-American Yachtsmen Cer-
tainly Hope So.
New YORK, October 21.-Lord Dun
ravens letter to the New York Yacht
Club, proposing a race for the America
cup next year under certain conditions,
seems to have aroused considerable en-
thusiasm in some quarters and a great
many yachtsmen who have not examined
his lordship's letter carefully OF the New
York Yacht Clubs instructions to the
to draft reply, have rushed to the con-
clusion that race is certain next year.
This is far from true, as a general cam
vass among members of the club who
are in position to known shows. Ev~
eryone talked to today was adverse to
being quoted in the matter until the
committees reply to Lord Dunraven had
formed yachtsmen in the country said:
II think a race is highly improbable and
[ will tell you why. Lord Dunraven in
his letter says:
II will sail series of matches accord
ing to the rules of the 'snew deed of
gift,' with the following exceptions and
addition: First-That the length upon
the load water line of my vessel to be the
only dimensions required This is to be
sent with the formal notice of challenge,
and her custom house register to follow
as soon as practicable. Secondary
excess over the estimated length on the
L. w. l.. of my vessel to count doubly
in calculating time allowance; but my
o1 ,,r,+i IN 10
mated length by more than 2 per cent.
The yacht that sails against me not to
exceed the estimated length on the L. w.
L. of my vessel by more than
2 per cent, and any excess of
length beyond the estimated length of
my vessel on the L. W. L. to count dou-
BILE in calculating the time allowance. 1t
is to be understood and agreed that,
should win the cup. the club obtaining
the custody of it shall hold it open to
challenge on the same conditions as
those under which | challenged
Now this is all very we'll in it's way,
and good deal of leeway is given to
members of the New York Yacht Club
by the mutual agreement clause in the
new deed of gift, but take the last par
graph in the second clause of Lord Dun
ravens exceptions, where he says.
Should win the cup, the club obtain
ing the custody of it shall hold it open to
challenge under the same conditions as
those under which challenge Now,
I would like to know how the commit
tees of the New York Yacht Club can
do that under the last clause of the new
deed of gift which said:
:" And said party of the second part
(meaning the winner), hereby accepts
the said cup, subject to the said trust
terms and conditions, and hereby cove
nants and agrees to and with said party
of the first part, that it will faithfully
and fully see that. the foregoing condi-
tions are fully observed and complied
with by any contestant for said cup dur
ing the holding thereof by it, and that it
will assign, transfer and deliver the said
cup to the foreign yacht club whose rep
resentative yacht shall have won the
same in accordance with the foregoing
terms and conditions, provided the said
foreign yacht club shall by instrument in
writing, lawfully executed, enter at said
party of the second part into the like,
covenants as herein entered into by it,
such instrument to contain like pro-
vision for the successive assigners to en-
ter into the same covenants with their
respective assigners, etc.
eff Lord Dunraven sticks to what he
said in his letter, there can be no race
unless the yacht club throws over the
new deed of gift, which 1 don't think it
will
In conclusion, he said: However, if
it is possible for race to be arranged
under the new deed of gift, am sure
that the committee appointed by Com
modore Gerry will bring it about. How
ever, time will show whether I am right
or not"