YACHTING
YACHTING; Cup Maneuvers in Library
By BARBARA LLOYD
Published: October 30, 1988
The library at the New York Yacht Club on West 44th
Street is a quiet enclave with more than a century of yacht-racing
history on its shelves. But the courthouse battles engulfing the
America's Cup have turned it into something else, a kind of end zone for
the legal teams looking for material to bolster their cases. If
researchers wore uniforms, there would be different-colored jerseys at
every table.
Attorneys from both the San Diego Yacht Club's cup
defense and Michael Fay's New Zealand challenge have taken advantage of
the New York club's hospitality, as have journalists and historians.
They come and go alone or in pairs, poring through antique volumes in
search of evidence. New Zealand charges that the San Diego Yacht Club's
defense of the America's Cup with a catamaran is invalid. Fay says the
series was a mismatch: multihull against his monohull challenger.
Sohei Hohri, the library's curator, has been
instructed by the club's legal advisers to stay impartial. ''We are
trying hard to be neutral,'' Hohri said in a recent interview. ''I have
been told, 'Duck, keep your head down.' They'll be looking to seize on
anything.''
In the early days of litigation, not all the
attorneys knew each other. Hohri, a club librarian for 30 years, watched
with trepidation one day as a team started discussing strategy out
loud. He ran over to them and pointed out that the opposition was
sitting at the next table. Ground Rules for Research
''I obviously can't tell one side what the other
side is doing,'' Hohri said. ''Both sides have made noises about me
helping the other. But I think it's just a ploy to try and make me
nervous about being careful.''
The club has set up ground rules. Anyone working on a
case has free access to books on the shelves and is allowed to copy
pages.
If an attorney asks to see minutes of past New York
Yacht Club meetings, there is a procedure. The investigators are
searching for papers that date to the late 1880's, a historical period
at the crux of the controversy. They want to know what was considered a
fair match when the Deed of Gift, which governs cup racing, was drawn up
in 1887.
The minutes of club meetings are locked in the New
York Yacht Club's office safe. Club rules prevent the legal teams from
thumbing through the historical documents. But Hohri will research a
certain date, and make copies available after they have been scanned for
proprietary information by the New York club's legal advisers. Whatever
is distributed to one team is then passed to the other. Both sides are
cautious about material they ask for because they know that it will be
given to the opposition. 'It Was a Parade'
John Rousmaniere, an America's Cup author and
historian, is a frequent visitor to the library. He produced a paper
this month calling the race series in San Diego a mismatch. The New York
Yacht Club submitted Rousmaniere's work to the New York State Supreme
Court in response to a recent judicial request for the club's viewpoint.
Justice Carmen Beauchamp Ciparick had asked the opinion of interested
parties; the New York Yacht Club held the America's Cup from 1857 to
1983. New York concluded that San Diego's defense was illegal.
''Everybody could see that it was not a race, it was
a parade,'' Frank V. Snyder, the New York club's commodore, said last
week. ''We looked at the Deed of Gift, which said this was supposed to
be a friendly competition. It was neither friendly, nor a competition.''
The New York club asked Justice Ciparick to void the
September race series, which San Diego's Stars & Stripes catamaran
won in a 2-0 sweep over New Zealand. Snyder said the club had submitted
Rousmaniere's treatise for its historical merit. As a club member and
historian updating his ''America's Cup Book,'' Rousmaniere had received
permission from the New York Yacht Club for access to the library
archives.
''I told him O.K., but give me a brief memo on what
you find,'' Snyder said. ''He came back two weeks later with this
25-page piece of art.'' Compromise Suggested
Rousmaniere spent two days in the library last month
going through material, some of which had apparently had not been seen
by the other researchers. ''I was very nervous about that,'' Rousmaniere
said. ''If anybody had been there while I was looking through those
documents, I would have asked for a private room. But no one was.''
Officials of Sail America, the San Diego Yacht
Club's event organizer, say there is nothing new in the Rousmaniere
paper. John Marshall, a Sail America trustee, says his group has
suggested a compromise to Justice Ciparick: settle the dispute by an
international yachting jury rather than the courts.
The legal machinations are likely to go on into next
year, and with them, a continued run on the New York Yacht Club
library.
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