The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1909-12-09
CALL FOR A CODE
OF AIRSH|P LAWS
Professor Baldwin Of Yale Tells
Why One Is Needed.
OPENS NEW JUDICIAL FIELD.
Old Theory That Landlord Owns Air
Up into the Heavens Likely to Give
Way Before Modern Prosress--How
State May Give Right to Fly.


Way Before Modern Prosress--How
State May Give Right to Fly.
Professor Simeon II. Baldwin Of the
Yale Law school and chief justice Of
the supreme court OF errors OF Connec-
ticnt told m audience In the Yale Pea
body museum at New Haven, Conn,
the other night that the lawyers would
soon have to get their wits together
and frame laws for the government Of
airship navigation.
He said that lawyers had been busy
for the last 100 years making laws for
the railroads. for the telegraph and for
the telephone, and now they must con-
slider the law for the airship.
The airship. III the Judgment Of the
chief justice. is out OF the field of ex-
pertinent and into the field where it is
bound to be used for transportation Of
| passengers. OF goods, of spies, Of bur-
glars, criminals flying from justice and
Illicit trade OF every kind. for it flies
as irresponslbly as bird. The ques-
ton at once asked is how far the pre-
cepts OF private law can be applied to
| the airship. Can one worldwide law
be framed for the air as for the high
seas?
Question Of Navigating the Air.
The chief justice asked IL any one
had right to navigate the air. Then
he quoted various authorities who took
the position that private landowners
owned the air even to the heavens. the
acceptance OF which authorities would
mean. id his opinion. that the nayiga-
tion of the air would be an infringe
ment Of private rights These author
tiles. however. were ancient He went
on as follows:
Psychologists tell US that man is so
constructed that he never con develop
wings to tiy and that IN order to navi-
gate the air nun must fight continually
against the law of grayitation and that
his flights through the air must always
be menace to the safety of those be-
meath.
"The navigation OF the airship Is not
natural right. The question Is
whether a right to navigate the air
cannot be secured from the state. The
state owns the soil It can tax it; It
can reclaim it for the public use from
private owners by the payment Of
reasonable sum. Successful naviga-
ton Of the air will no doubt be useful
to the public.
1T Is granted that every railroad
operated under a franchise from the
state endangers the safety of the pub
lie. but the public interest justities
this. The question, then. is whether
the state can give TO airships similar
right to navigate under certain condi
tons. This might be done under q
franchise OF license. Has land
owner any right under the circum-
stances?
Thing Of Passage That Carries Danger.
perhaps the landowner has no legal
right lii the air except as the occu-
pancy Of the same may be a detriment
to his land This seems to be i'll ac-
cordance with the tendency OF the
times. An airship is thing of pas
sage. 1t carries TO each and all the
same measure Of danger.
should a person be hit by an air
ship the priina facie evidence would
indicate that he could bring an action
against the proprietor of the ship and
the master who was sailing it whether I
the person was hit on his own or on
the land OF some one else.
''In one of the Wrights flights some
time ago the airship was directed right I
over the head Of the German emperor. 4
and slight accident might have chang
ed the whole history OF Europe. The
emperor might have possibly encour-
aged an action"
In the opinion of the chief justice J
the government can permit the use \
OF the air by airships under certain
restrictions without involving the
rights OF landowners unless actual
damage results.
Cause For Action.
Should an airship in passing over
tue property VI y luuuVWutE rum HiS 4
trees or should the proprietor OF
feet OF airships continually menace
the safety of the landowner or dam
age his property then, III the opinion
of Professor Baldwin, there would be
cause for action. Should the govern
ment establish an aerial highway over
the house Of d citizen and his property
be damaged by bad odors or smoke or
other nuisances an injunction might
be obtained
Another question:" remarked the
chief justice, lis whether the govern
ment license would protect the mana
ger OF an airship who accidentally falls
and Injuries persons below
Judge Baldwin advocated the calling
OK an official international congress 60
consider the International laws cover
ing aerial navigation and to frame ade-
quate International agreements on the
subject.
Great Dutch Exposition.
Plans are under consIdern tion for the