The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-06-08
INDEPENDENCE is BARRED


Before announcing the fact that he
had submitted the charter to teh Amer
ica's cup committee Mr.. Lawson dis
cussed at length the correspondence
| with Commodore Ledyard as chairman
of that committee covering a period of
some six weeks.
Nearly all this correspondence was
| given to the press by the cup commit
| tee some days ago and Included the
reply of the committee Of May 2S that
any member or members of the New
York Yacht club to whom Mr.. Lawson
might elect to charter his yacht by a
charter which would vest the full con-
| troll and management would be agree
able to the committee.
| 1t was then that Mr.. Lawson took the
step which resulted in the charter to
the members Of the committee He
then wrote to the New York Yacht
| club committee May 20 stating that he
had handed the entire correspondence
| to his attorneys with instructions to
draw the form of charter in accord
| ance with the agreement.
| In their letter to Mr.. Lawson enclos-
| ing the charter the attorneys review
| their examination of Mr.. Lawson's cor
| respondence with the committee of the
bylaws of the New York Yacht club of
| the deed of gift and the customs pre-
vailing" in as far as they could obtain
information and to which one of the
committees letters refer. The attor-
nays cite to the expressed opinion of
the committee that 'either by the deeds
of gift or by the constitution or by
laws or customs of the club, it is nee
essary for the Independence to be I'M
der the control and management of one
or more Of it's members during the
match
Analysing this point the attorneys
say: "It is unnecessary to comment on
the legality of trustee modifying the
terms of a deed of trust for it's own
benefit. The committee Is of course
familiar with The fact that in the past,
since the cup has been in the posses
sion of the New York Yacht club, it has
been defended by owners other than
members of the New York Yacht club,
and in the later letters of the commit
tee they recognize the propriety of your
chartering only such an interest in the
Yacht as will give to the members of
CE2 CluD llle lull COllIOl anu manage
ment mentioned in your letter, |. e..
during the match
The attorneys say that the commit
tee only asks for technical compli- |
ance with their views, and they main
tain that Mr.. Lawson's attitude |
throughout his correspondence has |
been strictly correct, for his letter of |
April 25 In reply to that of the commit
tee on April % clearly stated that Mr.. |
Lawson would give the New York |
Yacht club full control and manage
ment of the independence. The attor-
neys in conclusion say:
"The committee has in it's latter cor
said nothing regarding a
desire to control your boat during the
trial races, as distinguished from the
match or cup races. We have, there
fore, drawn a charter which exactly
meets the requirements of both of you,
and have interpolated the material por-
ton of the correspondence as the sim
olest and clearest method of expressing
.hese requirements
Then follows the full text of the
charter, which is of considera BILE
ength. 1t states that Mr.. Lawson char
ers certain interests in the Indepen-
lence to Lewis Cass Ledyard, Nichola-
;on Kane, August Belmont, c.. L. Rob-
nson, L. V. S. eddie, e. d. Morgan, f.
". Brown, ]. Pierpont Morgan, and c.
oliver Iselin, members of the New York
Yacht club; that the yacht was built
or the purpose of offering her as a \ I
andidate for the honor of defending | |
he yachting trophy called the Ameri- I
as Cup, and of defending the said ]
up and keeping the same in America, |
rovided the yacht be the best Ameri- |
anguilt vessel for that purpose: that | {
ne New YORK Yacht club holds as trus-
ae the cup under a deed of gift in trust
nd the New York Yacht club had no.
fled Mr.. Lawson that a match for the | 7
up can be sailed only between a chal-
,nging (foreign) yacht club on the one
de and the New York Yacht club on O
ne other, and is not open to other con- G
est h
Next is recited in terse legal form the g
between the club and h
If. Lawson. Then follows the cove a
ant as follows: Y
THAT provided the charterers or the "
ew York Yacht club notify said Law q
N that said independence has been Sc 7
cted to defend the Americas cup, the I,
lid Lawson will deliver such interest | al