The sun., 1908-02-07
Upton CUP CASE SETTLED
CRESCENT CLUB GIVES PRIZE TO
BENSONHURST.

slx YAehts IN the Class Protested for Being
short Or HeAdrOOm IN CAbln-G Oblln
Only Yacht 20 Conform strictly to
Rnles-Ihe Errors Are Very slight.
The yachting COMMITTEES Of the Crescent
| Athletic Club. which has been trying since
| the close Of last seasons racing to determine
what is 70 be done with the Lipton CUP. has
| awarded it TO the BensOnhurst. This yacht.
| which is owned by Commodore william II.
| Childs and others OF the Bensonhurst Yacht
| Club. scored the most points In the series
sailed for the cup given by Sir Thomas I4lptOn.
but at the end Of the series a protest was nled
with the committee by b. Y. r. and C. +.
Speldel. owners OF the Goblin
The ground OF the protest was that six out
or the seven yachts that competed for tho
cup were not eligible because they did not
comply with the restrictions and conditions,
particularly the condition relating to head
room in the cabins. The six boats protested
were the BensOnhurst. the New Moon and
Nereid. owned by the Crescent A. c.; the
Gunda. owned by Charles Lembcke; the Blue
Bill. owned by ID. D. AllertOn. and the M and
F. owned by c. NJ. Camp and others Of the
Marine and Field Club.
These boats were short under the for
ward Oarlng from three-QuGrters OF an
inch on the Bensonhurst to two inches
construction and co uld easily have been
remsdied. The yachts were allowed TO
sail the entire season without . protest. Il
being taken for granted by the owners that
40 the errors we're slight and could sasily
have been remedied without hurting the
sailing Qualities Of the boats no notice would
be taken OF them
To have sustained the protest would have
meant that the entire season would go for
nothing. for II six were disqualified the cup
could not be given to the Goblin, as with six
boats out there would have been no contest.
and the trophy was not for sailovers.
The matter considered by the committee,
which Is composed of Charles J. MoDermott.
}. b. O'DOnohue. Addison G. Hanan. William
n. Childs. MacdonouGh Craven and A. f.
Aldridge. was a delicate one. Mr.. Chids is
the owner Of the Bensonhurst. and he, after
presenting his case. abstained from voting
at any Of the meetings.
The committee thoroughly appreciated
the importance Of strictly enforcing rules
that are drawn up for a special class. but at
the same time realizing that the errors in the
construction of these boats we're known
when the racing began. did not think IL de-
srable to call the series OF. The findings of
the committee as follows:
In tho early spring of 1907 Sir Thomas
Upton. Bart. offered to the Crescent Athletic
Club a cup 90 be known as the Sir Thomas
Upton cup for New York bay, for the en-
cOuraRement Of yacht designing. yacht
building and yacht racing among those
yachtsmen who make their headquarters on
New York hsrbor.
The Crescent Athletic Club accepted
the cup and appointed a yachting committee,
which drew up conditions and restrictions
under whIoh the cup should be sailed for
These conditions and restrictions were sub
mitted to and ratified by the donor. There
after seven boats were designed and built
to race l9r the cup 4 series Of ten races
1897 The BensonhuTSt scored the Ost
points for the trophy.
The Official measurement Of all the yachts
was not filed with the committee until August
Il. Prior TO that time Il was a matter Of
actual know edge that but one Of the boats
the Goblin. had been buiIt in strict technical
compliance with the conditions. Il was
equally we'll understood chat the condition
,nat n1d do 0eem cohiPlIeG tb MIN related
cabin. that the shortages i'm this respect
we're trivial and did not AFFECT the speed or
sailing Qualities OF the boats IN the slightest
=, After the, series had been COMPLETED
r. Speidel. asked for copies of the official
measurements, and shortly after these had
been furnished they hled protest against
solely on the ground that the six yachts pro-
tested fell short in the matter Of headrOOm
protest came before the yachting committee
Of the Crescent Athletic Club for cOnsdera-
tlOn ana decision.
mitted to the committee that the Messrs
Speidel did not make their protest within
the twenty-four hours limit as called for by
the rules OF the Gravesend Bay association.
lt further appears that the Messrs. Speidel
did not avail themselves At any time during
the series OF their right to protest any or ali
Of the other boats and demand the official
measurement.
The races were sailed on the merits OF the
boats and the Bensonhurst scored the most
points under the system OF scoring accepted.
series, and its owners make no claim that a
strict compliance with the headroom cOndi-
tion by the other boats would have changed
the result of the races.
The entire testimony so Tar a. regards the
matter OF headroom Ia to the effect that
changes necessary to secure the required
cSsd Sss1 hays S S9s s s3d
speed Of the boats rather than have detracted
from Il.
regarding the spirit and intention Of the donor
OF the cup for the announcement of Yacht
designing. yacht building and yacht racing,
tanning a technical protest made by owners
who have failed TO comply with the techni-
Were the protest sustained the cup Ould not
be awarded 20 the prOtestants because the
effect would be to declare the whole series
null and void, and such a decision would ViO-
late the entire spirit in which the cup was
given and the series Of races undertakeny
, The committee. however. fully appreciates
that the protest made by the MessrS. Spede
was made in a spirit designed in their belief
for the best interests Of he sport az these
sportsmen in the paSt but ~ the ssms thSs
considers that the best interests Of all are most
wisely promoted by Overruling this protest
hurst, and the decision OF the committee there
lore ls unapimous that the protest be over
ruled and the cup Ia hereby awarded in ac-
c0rdanCe with this memorandum.
TNTERNATIONAL FOOTBALL.