The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-11

L.. a State
Has more. much more. delight to offer
| than pens relate.
The world beyond that brick and mortar
that man calls home
Has riches all sides to profrer, If one
but roam.
Beyond the realm of fact familiar. and
Are glowing scenes forever spreading,
and wonders wrought.
Beyond ones self and habitatfon. wide
Are fields unguessed and pathways lead
l-Laurana W. Sheldon in the New York
Who Owns the Air?
The owner of real estate in fee
simple. without restrictions of any
kind, has theoretically possession of
pyramidal shaped property extend
ing to the center of the earth 1t is
believed that about 20 miles of this
consists of stratified rock, and the
rest OF gas compressed to the weight
ana consistency of steel. No man
may tunnel under your land without
your permission save by exercising
rights of eminent domain. But how
about the air?
The matter is now becoming of in
terest because of the numbers of aero
planes and airships which are being
constructed, and especially of that
form of gliding machine which never
rises tar from the earth's surface.
Has the owner of land rights to the
air above him to an unlimited extent?
II not. how far do his rights extend
These are practical questions which
have had few judicial determine
lions, but not enough to settle the
matter. In minor matters. such as the
projection Of property over a build
ing line or of signs up in the air so
extending, the courts have been uni
form in saying that the rights of the
n nj
be protected, but this is all ele-
mentary.
Has a man in an airship a right to
cross your land against your con-
sent? He may not walk across it, and
if he may not fly over it, but does,
what compensation may you legally
claim? The books give little light on
the subject. In one famous case where
target shooting across a valley took
place, where intervening land in the
valley was of alien ownership, the
courts held that there was no claim
for using the upper stratum of air,
nuisance might lie. This does not help
much in the matter in question. 1t
seems likely that the subject will
come up at some time in concrete |
and Injuries property beneath or |
something is dropped to the detri- |
ment of those below. But the matter |
of damage in such cases may be es- |
of trespass.
The subject has been Investigated /
by a lawyer who comes to the con-
clusion that a man may not claim
rights in the air further than is nee
essary for himself and the conduct of
his business. If he has a nominal
claim to that above, he must be con-
tent with nominal damages. say six
which would cost many dollars. We
are not at all excited over the sub
ject. We are simply interested acad
emically in what is now a theoretical
question. IF occasion should arise,
doubtless legislatures and the courts
would Intervene to protect such avia-
tors as did no injury to terrestrial
Inquirer.
New Life For the Waterways.
Senator Burton. of Ohio. believes
that we can bring our dead water
ways to life. He advocates legisla-
ton that will enforce a policy of live
and let live as between the railroads
vent the railroads from hauling
freight at a loss for the suppression
of the water traffic by prohibiting
rate cutting below a reasonable mini
adopted this policy and has developed
the two systems of railroad and water
carriage side by side.
1t is evident that his idea is better
6AL1L1GQ 10 ne Cd1lG0 up 10 Odl6 LH1n
that traditional American idea to
which we may glance at the expert
ence of several European countries.
Prussia is working out scheme of
Improvements at an ex-
pense of more than $4,000. 900. Aus
has well developed plans
that have been partly carried into
effect and that involve an expendi
ture of $150.000.00O. France is spend
ing $50,00O,000 on new development
for the perfection of a system that has
cost hundreds of millions.
These countries all have railroads,
but for canals and other waterways ,
their doctrine is one of vigorous life
and growth. They do not intend that
q great promoter of national wealth,
q great agency for the benefit of the ,,
ever And Americans should applaud !
their policy, especially after their !
varied experiences with the under
selling that is designed to create mo- ,
nopolies.-Chicago Record-Herald.
Asquith Guarded at Golf
President Taft, as brother golfer. r
will sympathize with Premier AS !
luith in the difficulties he has in OBJ E
aiming game owing to his fear of
Mr. Asquith was guarded while v
playing over the Littlestone links to- "
lay by five policemen in plain v
clothes under the command of a IL
Ind his opponent, the two caddies and J.
he guardians made an imposing s
,ody they strobe around the t.
course. r
The presence of this gallery
put the players off their e,
,ame, for they took more than three
hours to complete the round. One c,
policeman afterward said that he
considered golf the slowest game he a,
ver witnessed. W
The only interesting movement fs