New-York tribune., 1903-07-26
1AIRSHIP LEGISLATION.
Measures Which Viii Be Needed
When Flying Machines Succeed.

"I wonder if the inventors who are worrying
their brains over the solution of the problem OF
aerial navigation give the legal side OF the
subject a 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
ocomotion through the air are equally perfect with
those on land and water, II becomes evident at
that there viii have to be considerable new
legislation to protect both the public and those
who engage in the business OF transporting pas
sengers and freight through the air One of the
first questions to be settled will be the right o.
way Would aerial line passing over a definite
course. at whatever altitude be nuisance to an
owner of subjacent land and therefore entitIe him
to damages for the injury or to compensation for
the taking of his property? If not, then at what
proximity would traffic begin to infringe his
rights? These important questions and would
have to be settled by the lawmakers before char
tered company could run an air line between any
two points
TT 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 statutory law would have to be
passed abrogatng the right of the property holder
under the common law. Then. too. there is the
danger Of something falling from the airship,
sky train; and If loss OF life should ensue.
there should be any damage to property, the law
must be so framed that the property holder could
recover adequate damages. In such an accident
it would be difficult to prove contributory negli-
gence.
Should the flying machine become a 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
maritime Jurisprudence? Would the air craft be
subject to the same laws govern ships upon the
high seas? In time OF war; would the three-rnile
limit be preserved o. extended? Would property
captured in mid-air by enemy be treated as
lawful booty. as if taken on land. or would it be
regarded as prize TO be condemned by the SEN
tence of competent tribunal? Would an aerial
buccaneer be regarded a pirate? Would letters
Of marque be given to air craft in time of war;
and would the law of nations exempt them from
punishment as common pirates? Would the federal
have jurisdiction in all admiralty and maritime
THE subject is one that cannot be lightly dis
cussed. 1t is a grave responsibility that the law
makers of the future must face when it shall be-
come necessary to provide laws and regulations for
the proper restriction of all air craft For while
through the ernpyrean, just to-day the autorno-
bilists speed wantonly through city streets and
along country roads, and. of course there will have
to be aerial policemen to give them chase and to
arrest them and to bring them TO a mundane court
where they may be fined imprisoned as the
judge may decide. Free as air is a common ex-
preston, but when aerial machines become as
common trolley and automobiles the phrase
will not mean much: and those who sail through
space, either for profit pleasure will find them
selves restricted much In the clouds if they
were on earth. And all this will mean more work
for the LAWYER"