The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-16

by telephone at 1890 a M. and re-
quested to find out if Mr.. Garfield was
to deliver the letter at once The reply
was that they would endeavor to find
Mr.. Garfield; that he had but short
time before left the Knickerbocl<er club,
and that he had left word that he would
cali a a. m. to see if there were any
messages for him.
1.-The request that Mr.. Garfield should
not open my letter of the 10th until the
Oefender) protest was decided was un-
necessary, as the cup committee were
not hearing the protest. But whether
mine of Wednesday night was delivered
at 12:15 a. m. or l a. M, and Whefner
It was in the hands of the committee a
z a. M or a. M, and whether my let
ter of the 10th instant was read at 1890
p. m. or 2:S0 p. ~. appears to me 10 De
a matter of minor Importance.
What is of Importance, to me "a at
any rate, is the totally unjustifiable
opinion implied in your letter OF the
18th instant. That in coming to the de-
cision conveyed to you by my. letter OF
the 10th instant, / went PACK on tne
agreement signed by President Sm1tn
say, I'VE can only regret the conditions
YOU named therein as absolutely net
cessary, should not have been so pre-
scented when the agreement to the terms
was formulated"
'.Permit Me to Observe"
Permit me to observe, that L named no
particular condition as Indispensable, as
you will perceive on referring 10 my f feir
ter [ hold that in any match a falr
field and no faVors is a condition prece-
dent to any agreement as to the terms,
and, failing in that, any party mas a per
feet right to withdraw absolutely or un+
conditionally The articles of agreement
cannot and are not intended to lay down
fixed rules TO meet every imaginable con-
tingency. Certain contingencies have
arisen, as you are aware. ConHnlng my
self to the subject Of my letter or over
crowding known as far back as OCTOBER
l. [ wrote concerning the difficulty OF IN
surfing a clear course. but | Old not insist
upon nv views because l thought the per-
sons responsible should be free to take
the steps that they thought best in the
matter In view of their failure in this
respect it might have been better If,
in my letter OF the 1eth. had absolutely
withdrawn but my desire to sail off the
race was great and L withdrew condt-
tionally and suggested the steps which L
thought would remove the diffIculty.
These steps were not taken, ana held
to my determination to sail no more, anu
ir. so acting [ cmphatically deny that |
went back in any way on the agreement
as to terms.
81 Did Not Know"
81 did not know whether Mr. Garfield
and Mr.. Buck officially represented the
committee when they came to see me at
the Woldorf. l judged by their CONVEX
sation that they did not, and L under
stood from that that the committee had
come to definite conclusions on the let
ter. [ now can see from your communi-
cation that they were officially represent
ing the committee. In that case the pro-
posal made by the committee was that !
should withdraw from the determination
expressed in my letter of the 18th, and
that 1 should sail in the third and posi-
bly, final race on condition that sufnclent
room was secured at the start and that
in any further races. my suggestion that
the dates for the races and that the time
of starting should not be made public
should be carried out. That proposal did
not commend itself to me. No one de-
MED the overcrowding of the course.
But in my case, either my complaint
was, in the opinion of the committee I'M
iustifiable, in which case | could not
have agreed with them and should have
withdrawn, being fully confident of the
necessity and prepared to take the full
responsibility for doing so; or it was
justifiable, in which latter case the COM
mittee. l think was bound to give re-
dress before the next race was sailed
The Baby Act.
'T so far withdrew my letter of the
10th instant as to say that l would sail
the third race If the committee would I'M
dertake to declare the race void, if, in
their judgment either vessel was inter
fered with by the steamers, the commit
tee putting ANYBODY they liked ABOARD
the Yachts I was willing to leave the
matter in their hands. stipulating only
that they present an experienced and
practical yachtman or, Valkyrie III. AS
far as [ am concerned, L have no wish
to continue the discussion, which you ac-
curately describe as superfiuous, and will
conclude by expressing regret chat if any
desire to resau Thursdays race was
known to exist, the regatta committee
did not order it rcsailcd under article 10
of the New York Yacht club regulations.
Whatever my opinion of the cause of the
foul may be, [ should have been at the
disposal of tie committee, and regret that
the cup committee could not see its way tc
adopting what appears to us as the
simpler course Of hosting the letter &C.
yesterday, and Dostponing the race to
such time as they had arrived at defin-
ite conclusion upon my letter of the 10th
inst.
II have the honor to remain. very
Faithfully DUNRAVEN."