The Birmingham age-herald., 1913-03-21
Upton ASKS THAT
NEW YORK YACHT
CLUbRECONS|DER
CUP CHALLENGE
Explains Interpretation of
Deed of Gift Under Which
He Issued Challenge.
No Attempt to Impose
on Limitations

Belfast, Ireland, March 20.-A re
| quest was sent today by cable by the
Royal Ulster Yacht club. asking the
New York Yacht club for reconsid.
Grafton of it's refusal of Sir Thomas
Liptons challenge for the Americas
cup. This was accompanied by long
statement from Sir, Thomas with which
the committee of the Irish club sig
nified its agreement.
The committee hopes that the har-
monious relations of the two clubs will
further be cemented by another sue
cessful series of races and therefore
requests the New York club to re-
consider its challenge.
Sir Thomas Lipton's statement is as
follows:
Deeply Regrets Action
IT deeply regret that the New York
Yacht club has been unable to accept
my challenge. After reading the ex-
PLANTATION given of Its refusal I can
only conclude that the challenge and
the intentions of the challengers have
been misunderstood.
"The deed of gift states:
1.-The competing yachts or vessels
of one mast shall be not less than So
feet nor more than 80 feet at the wa
ter line.'
"The deed of gift also states that
there shall be no time allowance.
at must be presumed that the
trainers of the deed of gift intended
that some reasonable meaning should
be attached to their words and they
could never have contemplated such an
absurdity as a challenger of 65 feet be-
ing met by a 90-foot defender.
THE deed of gift also requires that
10 months prior to the race the chal-
lenger shall communicate the dimen-
sions of his yacht which dimensions
shall not be exceeded II the rea
meaning of words quoted is that the
challenger is the person to fix within
the Limitation of the deed of gift tho
dimensions, competing yachts and thai
both yachts are to be of that dimen'
sion then the deed at once becomes in.
telligible and reasonable.
.I submit that this Is the true in.
terpreta tion of the deed of gift.
No Attempt at Imposition
.It was on this understanding thai
I challenged and 1 repudiate the idea
that any attempt has been made tt
impose limitations or restrictions no
within the deed of gift
II venture to disagree from the state
ment made by the New York Yach'
club that the present challenge doe:
NOT differ in principle from the chal-
lenge I sent to America in 1907. The
1907 challenge asked for variation
from the deed of gift in order to per
nit of a race under che universal rules
No such variation Is asked for in this
case and | fail to see that there is any
likeness between the two challenges
"J fully understand the decision OF
the New York Yacht club In l90I u
hermit no variation from the deed gif'
despite mutual agreement on the ciause
hut I maintain that this has no bear
ING whatever upon my present chal-
1enge.
that II would have accepted with pleas
,re an unconditional challenge. The
onIv conditions / ask are those of the
deed of gift for l cannot conceive thai
the trainers of that document, after
taking pains to prohibit all time al
lowance, contemplated races petweei
such ridiculous extremes as yoehes "
65 and 80 feet
"Tf unon reconsideration, which I am
sure the New York Yacht club will be
4
good enough to give this matter. they
accept my Interpretation of the deed
of rift. shall be happy to remove
from my challenge the words to which
they object.
INV reason for selecting a 75-footer
10 that a yacht of this dimension rep
resents the largest type of cutter now
racing in any part of the world.
THOMAS J. Upton.
The Yachting World says the New York
Yacht clubs refusal to accept Sir Thomas
Iinton,s challenge has caused great dis
appointment all over the country.
indeed adds the journal, "disappoint-
ment can hardly be said adequately to
axnress the feelings of British yachtsmen
in the matter. Indignation, In fact' would
he nearer the mark.
.sThe action of the holders in refusing
another contest after the lapse OF 10
Years displays lack of sportsmanship and
we feel must be gretted by American
vachtsmen as a body as much as 1t Is
IN this side of the Atlantic