The Dawson news. (Dawson, Ga.) 1889-current, 1910-06-29
THE AERONAUTs AND LAWYERS
AGREE "AERoMARsHALs"
ARE A NECESSITY.

o,.oss of Nations Tackles Problem
Legal Rights Involved in Air
T.oveI. Peril of the Land Owner
pointed Out. Some Infractions of
the Law.
pARIs.-To that citizen jealous of
-. riohts who, in these days of the
o,-hird. has pictured in his minds
the devastation of his pet flower
,.5 Inv a monkey wrench launched
s.or, the clouds, or in imagination
.on+omplated his roof tree draped
18th battered and discarded skids-
him who sees in the not too dis
ter+ future the sun obscured by pes
tiforous aeroplanes, whose drum
;ros like a host of distant par
ridges, shall even Danish sleep, the
announcement that the representa-
4i-os of the nations were in conclave
assembled in Paris, with the avowed
ohiac+ of devising means for his pro
4oc+ion. came as a boon. The aero
,1ora has already flown counter to
Tho lawn various more or less
+rtAing ways-and the problem of it's
local status in the future, when it
irnroyes so much that it may be
looked upon, perhaps, as a common
carrier. is an absorbing one.
Even now puzzling situations may
have to be dealt with by bench and
bar, for every time a Wright or a
PauIhan leaves his own territory and
flies across the land of his neighbor
he strikes at that fundamental legal
maxim. Cujus est solum ejus est
usoue ad calum, which is to say that
to whom belongs the land belongs
also the air above it, even unto
heaven.
Landowner in Peril.
1t is reasonable to suppose, how
ever, that a4ould a huge Zeppelin
drop into ones front yard and &C
cidentally drape itselflike a collapse
Bile hatrack over ones greenhouse,
hedge and portecochere an action for
considerable damages would lie, no
matter what the result of the solemn
deliberations of the Paris conclave
In these little matters of trespaSs and
consequent damage, so close to home,
the great states are jealous of the
rights of the individual, and there
is some doubt in the minds of those
interested in the new legal aspect of
the aeroplane if the long arm of the
Paris convention would reach effect
lively, for instance, to Manistee or
Painted Post.
Although this matter of trespass
will not have great bearing upon
the question of jurisdiction, perhaps,
it will present nice problems of it's
own.
AS the matter stands at present
there is a feeling that with a rapid
increase in the number of airships the
landowner might be almost constant
ly in peril. The question has been
taken up by English jurists, and
their opinions at present vary some
what.
Some Law InfractiOns.
Clearly" says Sir Frederick Pol
lock a British authority, ut would
be a trespass to sail over another
mans land in a balloon-much more
IN comfortable airship-at a level
within the height of ordinary build
lngs, and it might be a nuisance to
Keep balloon lowering over the land
at even greater height"
In England a question so similar
as to have bearing on the point at
issue has come up, and the law re-
garding it has been interpreted.
Inls is: Has one man a right to
Shoot over or across another mans
land, provided he never sets foot on
IT, never touches any part of it?
English jurists have said no, and in
functions have been granted against
such shooting.
However, litigation has already ap-
Peared-in small way Recently
OaIIoonist's graphing iron broke
sumo telephone wires in Rochamp-
Con' London suburb, and the Of
lender was mulcted of 16 shillings
Iof repairs. Again, in Paris, man
VINO simply flew over the city was
nned louis for breaking a munich
Pal ordinance. Needless to state the
oLqinance was recent one. The le-
sdI experts seem to feel, indeed, that
Guy can protect itself pretty thor
ougAIy from the reckless aviator
,milhout delying deeply into the COM
mon law.