New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-25

| might prevent the making of an agree
ment. and intending to confer upon guam
| ned challcugCrS an absolute riSht 10 com
pete for the cup which could not Dc preju-
| diced ny any failure to agree on terms
! incorporated in the deed, the terms ~
what may be regarded as the normal 81
standard match 10 which the challcnserS
Z should br entitled as matter OF riSh'
and IRRESPECTIVE of any Conscn, or agree
: mcnt 10y the club holding the Guy.
These terms provide for the number oil
matches. the character Of ocean courses
which must bc practicable IN al parts
! for vessels OF 2e feet draft: rules and
sailing regulations The matches thus
| provided Tor arc to bc sailed. boat against
boat. without any time allowance what
ever.
The substantial provisions OF the deed
of gift having now been stated, one ~ III
a position to form some sort o. iudg-
ment dpou tho propositions mentioned by
Sill Thomas Upton M tho statement Tor
wardcd 20 the New Ycrk Yacht Club bN
| th, Eoya, Ulster Yacht Clue i'm it's cable
OF March H. Tie now. for the first time
| openly ana Squarcly asserts an absolute
rlsht on the part Of the challenger under
: the decd of Sift 10 dictate and determine
the size. power and type CO the deiend-
/ ing yacht.
His two challenges were refused Icy tile
/ New York Yacht cub because while they
ara MOI "peHl! assert this. thcy were re-
Salped a assuming the existence Of such
/ richt
Ills present contention is thus explained
b" him. after quoting the provision Of
the deed Ia the effect that competing
Ndchts shall be not less than siNty-ilye
/ ieet nor more than ninety feet at the
water line end that tine race shall be
sailed without time allowance ne says:
1T must be presumed that the trainers
Of the deed Of gift intended that some
reasonable meaning should be attached
10 their WORDS. and they never could have
contemplated such an absurdity as a
challenger Of Sixty-hvc feet being met by
a uinety!oot defender"
If this means anything il means that
no race can be sailed as matter of right
under the deed Of gift except between
vessels OF precisely the same size. prop
ositiOn which finds absolutely nothing TO
support il in the deed of gilt and which
is contraGicted by every reference 10 its
terms. As has been above shown. the
deed fixes maximum and minimum
length for the competing vessels. and
nowhere. from lightning 10 cnd. does ii
suggest that they must be OF similar
The deed OF gift also requires that ten
months prior To the race the challenger
shall communicate the dimensions OF MS
yacht. which dimensions shall not be en-
ceedCd.' III the real meaning Of the words
quoted is that the challenger is the person
10 fix. within the limitations Of the deed
of gift. the dimensions of the competing
yachts ano that both yachts are to he
oil t0OSe dimensions. lilSl lU' uttu OF
once becomes Ineligible and reasonable.
/ ] submit that this is the true interpreta-
ton OF the deed Of gift
The claim here asserted Is that when
. tho challenger is required. under the ten ,
months notice clause. TO give the d.
mansions of his vessel that act ips0
faCtO determines and fixes the dimen-
sions % the vessel 10 be selected by the
defending club. What ground is there
Tor this extraordinary assertion?
('erfaipl,r no ba sis for II can he found
! in the terms OF the deed. nor can IL be
spelled from them without violation VI
their plain meaning. lie LAYS stress
/ uDon the words which dimensions shall
/ not he exceeded Exceeded by whom.
\ lie would read in the words by either
vessel so as to make the clause read
(which dimensions shall not he exceeded
by either vessel" but that. is not what
which he refers is one relating 10 the
challenging vessel only. Her dimen-
sions mus be given in connection with
the ten months notice and the reason
why they should be 50 given has been
Il hove explained. IT is that the chal-
! lCnGed clue may know in advance The
.. size Of vessel which will be brought
against II. so that IT may have time 10
make its preparations in season. II
simply means that when the cha llenger
has once officially given the dimensions
Of his vessel he viii he held to that
statement and the dimensions so Ci'en
. may not he exceeded by him.
Another clause in his statement should
not pass without comment. although Il
may not be easy TO discuss il with 1T
ting moderation and restraint He say
IF upon reconsideration. which | am
sure the New York Yacht Club viii be
good enough TO give this matter they
accept my Interpretation of the deed of
eift. / snail be happy 70 remove from
, my challenge the words TO which they
object"
What docs this mean: II there were
any words in his challenge 10 which the
New York Yacht Club objected they were
contained in the clause which stated that
1t Was upon this condition. that the de-
Tending vessel should not exceed seventy
five feet in length.
That was the only objection made by
the New York Yacht Club. II declined
TO accept challenge by which. directly
or Indirectly. whether by express terms
or the imposition Of a condition. the Fnal-
lengcr undertook to limit the size. power
or type Of the defending vessel and To de-
privc the defending club of its right 10
select as its representative whatever YES
sci il chose within the minimum and
maximum limits permitted by the deed Of
gift
lie now comes and in substance says:
You object to my eXaCunS the Condi.
ton that the defending vessel shall not
exceed seVenty-five feet. Well. ! now
present 10 YOU now Interpretation oil
the deed of gift. and claim that according
! name seventy-fivc feet as the length OF
the challenging vessel ipso facto limits
you TO a vessel Of the same length-namc-
~, seyenty-fve feet If you VIII agree
| that this is the true Interpretation of the
/ deed and that by the mere fact OF chal-
| Longing with a seventy~fve footer | have
! accomplished my object OF limiting YOU
| to seventy-five footer. then ] will cX-
plunge from the challenge the words Inn
/ posing as a condition that YOU shall meet
me with ScNentN-flNc iOOtcr.
Whether this suggestion should be re
sardcd as childish and pucrile or whether
il should rather be regarded as insulting
TO the intelligence of those to whom 1t Is
addressed il, perhaps not very impor-
tant The fact remains that any serious
consideration of ii would only result n
reducing the whole matter to bubble
about words.
II amounts. i'm substance. to saying: III
YOU will let me have my own way ! care
not how II be accomplished. IN YOU viii
concedc hat ! have q right to fix The
eiZc bower and type of your vessel, that
! concession will be sufficient for me. ii
YOU concede that by the mere fixing OF
the Dimensions of my own vessel ] ipsc
facto determine the dimensions OF yours
then ! am equally well satisfied why
should Il make any difference 10 INC what
form your acquiosccnce takes so long o.
Won do acquiesce i'm the assertion and
exercise by me of a right which YOU have
uniformly and deliberately denicd?'
The question is not one Of mere words
II is one Of substance. The right of which
The defending club Is sought to be de-
prived is real and substantial one. and
il is the duty Of the New York Yacht
club. under the deed Of gift. 10 oppose
any infringement or impairment Of the
right OF either party. In accepting the
deed II covenanted: THAT IL will faith
fully and fully see that the foregoing CON
ditiOng are fully observed and compiled
with Nv any contestant for the said cur
during the holding thereof by Il"