Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-12-20
CALL FOR A CODE
OF A|RSH|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 Progress-How
State May Give Right to Fly.
Professor Simeon e. Baldwin of the
Yale Law school and chief justice of
the supreme court Of errors of COnnec-
ticut told an audience in the Yale Pea
body museum ut 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. IN 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 irresponsibly us 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 tho Air.
The chief justice asked ii 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. in his opinion, that the naviga
ton of the air would be an infringe.
ment of private rights. These author.
| tiles, however. were ancient He went
on as follows:
"Physiologists tell us that man Is sc
constructed that he never can develop
wings to fly and that in order to navi.
| gate the air man must fight continually
against the law of gravitation and that
his flights through the air must always
| be a menace to the safety of those be-
| meath,
1.-The navigation of the uirship is not
! natural right. The question Is
| whether right to navigate the air
| cannot be secured from the state. lie
| state OWNS the soil 1t can tax 1t; II
can reclaim it for the public use from
private owners by the payment OF
reasonable sum. Successful navlGn-
., NJ b., nj will M An1Iht no NSpfnl
! to the public.
ut is granted that every railroad
operated under a franchise from the
state endangers the safety of the pub
lie, but the public interest justiiies
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
franchise or license. Has a land
owner any right under the circum'
! stances!
Thing of Passage That Carries Danger.
| perhaps the landowner has no legal
| right in the air except as the occu-
! pancy Of the same may be detriment
to his land. This seems to be in 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 prima facie evidence would
indicate that he could bring an action
| against the proprietor of the ship and
the master who was sailing it whether
| the person was hit on his own or Oh
the land of some one else.
I'm one Of the Wrights' flights some
time ago the airship was directed right
over the head OF the German emperor.
| 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
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
the property of landowner ruin his
trees or should the proprietor of a
fleet of airships continually menace
the safety of the landowner or dam
age his property then, in the opinion
Of Professor Baldwin, there would be
cause for action. Should the govern.
ment establish an aerial highway over
the house of 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
of an official international congress to
consider the international laws cover.
ing aerial navigation and to frame ade-
quate international agreements on the
subject.
! Gr>ax nuxnd E~noci$;on