New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1910-08-31


umph of recent times or-snuffed out!'
i That night began the series of SEN.
sations that made so memorable the
/ war for the use of the air. In the
courts of every federal district and the
state courts of West Virginia Mr.. Eli
ley fled his injunction suits against
the owner of every known airship and
by the clause used in labor disputes
bound all persons, whether named or
not, who might with the defendants or
independently design trespass against
the plaintiffs rights.
The bill in New York recited that
the plaintiff was the owner Of all
rights of navigation in the air in GER
tain described belts or bands surrounds
ing the city Of New York, dividing it
into portions, and gridironing the con-
tinent; that the defendants had in the
past habitually trespassed on these by
flying over them in airships; that the
passage to or from the city Of New
York over the sea, the river or other
route was impossible save by such
trespass, and therefore injunction was
asked prohibiting the defendants, their
servants and all other persons from
departing from or coming to the said
city of New York through the air own
ed by the plaintiff or from navigating
any aerial craft across, over or through
! the real property Of the plaintiff where
| soever situated
Finley Shayne's name led the list of
defendants, followed by that Of the
Aerostatic Power company and page
j after page Of names of people owning
aerial craft. and airships everywhere
were hemmed in by the real proper
ty" of the plaintiff, like whalers frozen
in the ice. The real property" was
that wonderful spiders net Of grants,
and the plaintiff was the Universal
Nitrates and Air Products company!
Craighead's opium dream was explain.
ed. The relation between the twin
companies was disclosed. Two perfect
ly well known legal principles were
here united in an audacious attempt to
monopolize the air, the rights attach
ing to ownership Of land and that of
injunction to prevent trespass or nui.
sance.
Public and press were struck with
amazement The unthinking laughed
at the unheard of and preposterous
claim to private control of the atmos-
phere. Lawyers began porting over
cases dealing with rights in and over
land, with growing dubiety as to the
outcome of the case of the Universal
Nitrates and Air Products company
| versus Shayne ct al"
When the case came on to be heard
the laugh had disappeared. the very
army of lawyers appearing for the de-
PENDANT rendering it serious matter
Craighead sat in court with Filley. his
hair rumpled, his crooked nose high.
in suit of legal black, drawing more
attention than did Carson, whose face,
bleached of the gulf beach tan, had
assumed the pallor Of the scholar,
while vast responsibilities had been
imparting to him an atmosphere Of dis
tinction. He sat scanning the people
of the defense-Shayne, Silberberg and
other great financial figures
While the pleadings and affidavits
were read Craighead sketched the
bailiffs, shuffled his feet and drummed
on the table until the court tapped for
! silence
1--WE will hear from the PLAINTIFF
! said Justice McFadden. land as the
facts seem practically undisputed"-
But, your HONOR protested the
counsel for the defendants, 1--WE GER
tainly do not admit
For present purposes" replied the
Justice, 1.-The showing seems ample that
plaintiff owns certain rights in lands
so distributed that the defendants
must pass over them in going from
place to place; that the defendants
| have habitually done so and that the
situation constitutes threat that this
will be repeated. The defendants by
claiming the right to pass these lines
confess this for present purposes. We
will therefore hear from PLAINTIFFS
counsel on the law
/ Mr.. Filley gathered up his papers;
but, with professional sounding MAY
it please the court" that dumfounded
Filley and drew from the justice a re-
quest for the gentleman's name, Craig
| head rose.
"Craighead." said he in response to
the courts query. II will offer a few
remarks on the law and then yield to
my learned colleague, who will lay be-
fore your honors the feeble attempts of
! the courts to crystalline it in prece-
dents. The law is fully as plain as the
nose on the face of the most Roman Of
your honors. AS to it's righteousness,
1t is as moral as landownership. That
it has not heretofore been applied has
been owing to the stupidity Of the
legal profession. to the asininity Of
landowners and to the fact that the
law is so plain. for that which is all
around ever remains undecided, like
the pressure Of the atmosphere or the
picture with trees and clouds repre-
| Sontino faonc or onipoo1c o. wboy,