New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-31
tbc;r great instinct to do right would consent ia
sacn NATIONAL calamity ss would result from tie
LORD DUNRAVEN'S VIEWS.
THE CHANCES FOR A RACE DOUBTFUL

The BRITISH YAcHTsMAN THINKS THAT THE
NEW DEED IS UNFAIR IN THE ABSTRACT.
| AND THAT THE AMERICAS CUP is LIE.
! GALLY UNDER THE OLD DEED
! London. Oct. 30.-Lord Dunrayen has given to the
Associated Press. In interview: statement Of his
position In relaon TO the challenge he recently sent
to the New.YOrk Yacht Club for a race for the
Amercas cup. Since he returned to London last
| week Lord Dunrxven has refused to discus. the
challenge hut In view OF the apparent hitch In Che
negotiations hc consented before startling for Scotland
last night to explsn bis position. To the question
Are the chances for race good7" he answered
IL cannot possibly tell. hope so, but a def
mt opinion is impossible until hear further from
the Ncw-iork committee Judging from what I
have seen Ia tie American press, I greatly fear thu
chances arc doubtful; but-excuse my saylns sol
| do MT attach much importance in such to
! newspaper gossip"
ITO what DO you especially nlludc.' asked the
Associated Press man.
" The Ncw-York Herald OF October co. Lord
Dnnravcn answered. states that the Ncw.Yok Yacht
Club had voted that whIe the deed Of trust obig.s
The club having the custody OF the cup to accept
the conditions thci Gin prescribed n elected BY the
challenger. ms sls3 permits such club to accept any
conditions mutually agreed upon. this club regards
! any further understandings agreements as ur'
event Of It becoming challenger 1t ALL adopt s'cn
| terms In It's challenge.
"The meaning of this Is not clear to me- cp"'m-
| ued Lord Dunravcn II It means that the clnh de-
cknes should Il become tho challenger to bind Itself
absolutely to observe the conditions Of my challenge
| ! quito agree and resolve to think of asking
| them 50 to do. II II means that the club thrugh
which challenee In the event Of my winning. must
hold the cup under the full terms Of the new decd o
gift then we ore no further forward than we were IN
the case Of the Vahyrie and this protected race Will
also break down"
"Must that obviously be the meaning OF tho
| rcsolvei'
NO. not obviou ,ly but admit ihnt 1t looks like H.
The Ncw.York Club must known that it would be
useless to tho position which br"k" up 10"
Valkyric match, and would have simply declined my
challenge
But II. under tho deed Of gift. your challenge
can be accepted. and you are al liberty TO accept
similar challenge. not all Of your wants fulfilled =
"Ccrtaniy not. For simpllcity's sake. will cor
fine my objections to the Dimensions clause. and for
tho sake OF argument will assume that am challenging
representative opinion OF yachtsmen ana yacht cps
here. Whcr the Royal Yacht squadron In 1881 stated
that the new deed would bc fatal IL international rae
Ing II spoke for Us all opinions have not changed
perfectly certain that M challenge VIII Issue from
us according to the terms Of that dcHf
1t l., true the deed ccntans deed permitting the
challenger and the challenged mutually TO arrange
Tho dates, the course, and other conditions and NAV
also wav, the ten mcn;h, notice. II /, und,r th''
pcrms>ivc clause that the Nalkyr:"'s challenge wa
| scccpt" 1t was painted OIL, that Hereunder IN"
R,y Il Yacht squadron. il it won could accert any
challenge II liked That may NJ" not bc so. The
lie 4nInc OF the dGrcI, matter ior lawyers to de-
eide Fer myself. say that the fact specially men
Toned thai tei. months notice may Be waived means
.thst the other nein rules n,ay not. In any case
o position taEnot depend upon leeal Interpretation
OF th. phrase. We ob:ees to the deed a. unfair In
tho abstract. lam unwillngffS % snythlng thst
be construed as implying th We think 1t fair In
| the event That VIZ challenged.
please understand that In my conditional challenge
| ! ask no sort OF favor from tn Ncw.York Yacht
| Club. I do lot ask for "unditions which in my
humble opinion should govern international race
!aling the d. cd. Of gift ,o,is. l suggest TIC
smallest possible alteration. that think will make
sufficiently fai: conditions to all concerned.
Challenge und.r oeitail conditions. II the New
York club accept. good but whether they accept In
accordanc. with IN defiance Of the deed OF gf Is
no matter to me. Bu, insist that II win. not
only may, bu. must. accept chellcngc the same
conditions.
"Of co,rs~ il dos follow that cnn accept a
| challenge those conditions only. do not mean
that at ull. II win the cup and the NewYork Club
challenges, there d. nothing 10 prevent them from
50 doing under the terms Of the deed II they like
could not possibly refuse such 4 challenge. They
may iurtSh INC WIN Only tI" PngIU OIL the IOdu-
water line. which consider snffh lent. but also with
the Lean load.water line. and other stpulaons OF
the deed. They may srild me a mdshIp se'ton. the
length OF her lines tho vessel herself II they Ike
/ could no: possibly object On the contrary.
should be exceedingly Ob!i:cd
My proposal IN way limit. the power; Of a
future Challenger 1t doe, net involve any admission
! ON the port OF the Nrw->Ork Yacht Ciub that IN
their opinion the conditions Of the deed Of gift
1oo oncron, Nor will II prevent them. as possible
future clacpg"r. from giving practical proof OF their
c,h by giving r tirir challenge all the dlmcnsion,
mcnli ,ned in the deer. only insist tina, IT be
prc, ty cL ~ that hold the cup the terms
under which 1 challenged. and tat In no way
sanction rules which. as applied against myself
consider unfair'
But wOud yOn moi be- pracu'nily ahh"ihhs 'nc
deed Of gift -
81 think n0t-only putting II partially In nbryant'
The opi lion is freely expressed here-and thinH mol
here only-that Mr.. schuyler had no legal rghi what
ever to agree TO the deed, and that tie cup Is
legally under the old deed. think that the New
York Club might consider the intention OF the donois
II the latter meant international challenges to en-
courage racing II must bc evident to every on" that
the objects are frustrated by an instrument rendering
International racing Impossible.
Il confess ! do moi -" any legal diniruly
or who would object u the club should
amend the dec: to enable the club to cnrry out the
donors intentions. I fal, to how the New York
club can In any way s,ulufy Itself BY agreeing "
nv propO9l ii would be easy TO stpulate that the
club transmitting my challenge should hold the cup
II II wins sub!ec. TO precisely similar challenge
r.pmg "a challenge containing tl'" dimensions pro
vided for ~ the gir. But such proyiso appears
cbaicngc because It contains more information
than s required" - ~
Then II The New York Yacht club insists that
the cup must be held according 70 tle ili terms
pc CONSERVATIVE "does your challenge fall 10 the
ground 2" uL a.. u
xovYo Club plates such action.
which would be simply revertIng to the poe!.
aon that broke tAe Nalkyrie Challenge. ana ls