New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-21
Upton STILL KEEN
TO RACE FOR CUP
Asks New York Yacht Club to
Reconsider Its Refusal OF
His Challenge.
POINTS OUT THE REASON
No Time Allowance Clause IN
Deed of Gift Quoted to
Justify the Stipulation
He Made.

Belfast Ireland, March 20.-The Royal
Ulster Yacnt Club addressed a cable mes
sage TO the New York Yacht club to-day
asking for a reconsideration of its refusal
Of Sir Thomas Lipton's challenge for the
Americas Cup.
This was accompanied by a long state
ment from Sir Thomas Upton. with
which the committee of the Irish club
signifed its agreement.
The committee hopes that the harmOni-
Gus relations of the two clubs will be
further ccmented by another successful
series of races. and therefore requests the
New York Yacht Club TO reconsider IFS
declination of the challenge.
Sir Thomas Lipton's statement follows:
i deeply regret that the New York
Yacht club has been unable to accent
my challenge. After reading the eXplana-
ton given of it's refusal ! can only col-
clude that the challenge and the inten-
tions of the challengerS have been misln-
terpreted The deed OF gift states;
" The competing yachts or vessels II OF
one mast shall be not less than siXty-hve
feet nor more than ninety feet at the
waterline
The deed of gift also states that there
shall he no time allowances.
1t must be presumed that the trainers
Of the deed of gift intended that some
rea sonable meaning should be attached
10 their words. and they could never mad
contemplated such an absurdiN as "A
challenger of sixty-iye feet being met by
n ninety-foot defender.
The deed of gift also requires that ten
months prior 10 the race the challenger
shall communicate the dimensions OF his
Yacht. which dimensions shall not be eX-
ceoded. II the real meaning Of the
words quoted is that the challenger is
the person 10 fix within the limitations
# the deed OF gift the dimensions OF the
competing yachts and that both yachts
are to be Of that dimension, then the deed
at once becomes Ineligible and reasona-
bile
Il submit that this is the true interpre-
tation OF the deed of gift.
1T was on this understanding that l
challenged. and / repudiate the idea that
any attempt has been made TO impose
limitations or restrictions not within the
deed of gift
II venture to disagree with the state
nient made by the New York Yacht club
that the present challenge does not diner
in principle from the challenge ! sent 10
America in 1891. The 1907 challenge asked
for a variation from the deed OF gift In
order 10 permit of a race under the uni
versal rule. No such variation is asked
FOR in this case. and ! fail 10 see that
there is any analogy between the two
challenges.
II fully understood the decision Of the
New York Yacht Club in 1901 10 permit
no variation from the deed of gift de-
spite mutual agreement on the clause
hut maintain that this has no bearing
whatever upon my present challenge.
The New York Yacht Club states that
/, would have accepted with pleasure an
unconditional challenge. The only condi-
tons | ask are those Of the deed Of gilt,
for | cannot conceive that the trainers
Of that document. after taking pains 10
prohibit all time allowance. contemplated
races between such ridiculous extremes
as yachts of 90 and 20 feet.
IF upon reconsideration, which ] am
sure the New York Yacht Club will be
good enough to give this matter, they ac-
cept my Interpretation Of the deed OF
gift. ! shall be happy 10 remove from my
challenge the words TO which they object
MY reason for selecting a 75-footer is
that yacht Of this dimension represents
the largest type Of cutter now racing In
any part of the world
THOMAS j. Upton"