Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1909-01-29
AERIAL RIGHT OF WAY
Cortlandt F. Bishop Says II Will
Soon Be Court Problem.
FLYING CRAFT THE CAUSE.
Asrenaut Predicts Matter Must Be- De-
eidsd BY Supreme Tribunals-Aerial
Police Needed to Guard Against
Smuggling and Trespassins Above
Property.

Smuggling and Trespassins Above
Property.
In a short time the United States
supreme court will have 10 take up
this new question of right OF way
through the sky. No: that is not an
aerial joke. IL is already being seri-
ously considered by the governments
Of Europe and will be one OF the i'm
portant questions taken up by the
international Aeronautic federation.
which meets In London. Jan. 10"
This Is 4 statement recently made By
Cortlandt F. Bishop. president Of the
Aero Club OF America. who is an i'm
portant factor IN European aeronautics
as well as in the United States.
Mr.. Bishop was asked il he expected
TO see Thomas F. Ryan or some other
American capitalist going out after all
the valuable aerial franchises. but he
was not inclined to treat the matter
dippautly.
Il know 1t sounds fantastic he said
to a reporter Of the New York Herald.
"but really there is no joke about it.
The house Of lords and the United
States supreme court will be found
struggling with this new legal problem
before we know it. because IL is
thing that must be settled Just as
much as the right Of way for railroads
had to be settled years ago.
LAS matter OF Fundamental! law
every man IN a dirigible balloon or an
aeroplane is guilty Of trespass when
be passes over another mans iand.
He has 10 more right to sail a mile
shove your farm than be has TO build
a tunnel under II. OF course the thing
looks absurd now. but within the next
decade. probably much sooner than
that, these cases will be In the courts
and VII! have 10 be decided one way
or another.
The English common law. which
was supposed 10 be built upon common
sense and TO apply TO all matters o!
human difference for ali time, holds
that mans title 10 land EXTENDS 10
.be core Of the earth and 10 the inhn-
tiles of the heavens. Every boy IN Ia"
school learns that very early N the
course The old civil law which was
modelled after the Roman law ana
which is the basis Of all European con,
tinentaI laws, has the same provision
concerning trespass
There is no question whatever tna'
A man may control the space above MS
land. aud therefore. unless these oaslc
laws are modified. II is not ditf1cuIt 10
500 that there is very interesting
time ahead for aerouauts aud aviators
when aerial craft shall come into con-
mon use And there is no question at
III that they will come into general
use much sooner than we expect.
..It will he a somewhat difficult task
TO apprehend sky trespasSers. Will IL
mot - Mr.. Bishop was asked.
.Ob we'll" he said, Il suppose that
matter will take care or itsetl. NJ
doubt we shall have aeria! police out
lam simply talking about the Legal as
nact of the thin Who owns the sou
owns 70 the sky. That was tue law OF
the early Normaus in England ana
tbst is our law today. So you can see
to nse BIT Of slang what aviators ara
up against s.o,,
Mr.. Bishop told what steps had been
taken in France toward meeting 'hese
aerial legal difficulties.
Already" he said, the Aero Ciuo
NJ France has established stanoaru
nrice for an acre to be paid by aero
nauts and aviators for damage done 10
field crops. THIS provision is chien!
for ordinary balloons but In the cifies
NJ France laws are being enacted 10
p, proyiae for aeroplanes. which, s i, it, it's is
resi,zed over there. will soon be COM
mon mode Of travel. :.
"In Paris the police have been ID
.,yucted to 70 Immediately to any aero,
! ,,ape or dirigible landing wltnln Tue