Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-17
AIRSHIP LEGISLATION.
Measures Needed When Flying Ma
chimes Succeed

From the New York Tribune
II wonder If the inventors who are wOr-
ryng their brains over the solution of the
problem of aerial navigation ever give the
legal side of the subject thought?' said
an attorney. Probably not. and probably
few lawyers have ever thought of their
profession in connection with flying
through the air: and yet if we assume that
the means of locomotion through the air
are equally perfect with those on land and
water, it becomes evident at once that
there will have to be considerable new leg
islation to protect both the public and
those who engage in the business of trans
porting passengers and freight through the
air. One of the first questions to be settled
will be the right of way Would an aerial
line passing over a definite course, at
whatever altitude, be a nuisance to an
owner of subjacent land. and therefore en-
title him to damages for the injury to
compensation for the taking of his prop
erty? If not. then at what proximity would
traffic begin to infringe on his rights? These
are important questions and would have
to be settled by the lawmakers before
chartered company could run air line
between any two points
ut might be that the aerial navigators
could be sued for trespass. as the common
law looks upon the ownership of land as
extending to the sky. Consequently a stat
utory law would have to be passed abrogat-
the common law. Then, too, there is the
danger of something falling from the air
ship. or sky train; and If any loss of life
should ensue, or there should be any
damage to property, the law must be so
framed that the property holder could re-
cover adequate damages. In such an acct
dent it would be difficult to prove contribu-
| tory negligence.
| common carrier 1t would call for some
| important additions to international law.
Would traffic in air craft over the high
| seas be governed by admiralty and mari
time Jurisprudence? Would the air craft be
! subject to the same laws as govern ships
| upon the high seas? In time Of war, would
| the three-mie limit be preserved or ex-
| tended? Would property captured in mid
| air by an enemy be treated as lawful
| booty as If taken on land or would 1t be
! regarded as prize, to be condemned by
| the sentence of a competent tribunal?
Would aerial buccaneer be regarded as
| a pirate? Would letters of marque be given
1 to air craft in time OF war, and would the
| law of nations exempt them from punish
| Tent as common pirates? Would the fed
| eral courts have Jurisdiction over such
cases. as they have jurisdiction in all ad-
| miraity and maritime cases?
| The subject Is one that cannot be light
ly discussed 1t Is grave responsibility
| that the lawmakers of the future must face
| when 1t shall become necessary to provide
laws and regulations for the proper re-
| strfctfon OF all air craft. For while the
| reckless aeronautS VIII undoubtedly Scorch
| through the empyrean. just as today the
| automobilists speed wantonly through city
| streets and along country roads; and. of
course, there will have to be aerial police
| men TO give them chase and to arrest them
and to bring them to a mundane court.
| where they may be fined or imprisoned as
the judge may decide. Free as air is a
common expression. but when aerial ma
| chimes become common as trolley cars
and automobiles the phrase will not mean
much: and those who sail through space
either for profit or pleasure. will find them
selves restricted as much in the clouds as
| II they were on earth. And all this will
| mean more work for the lawyer"