Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-04-23
tcontinued froru Yesterday,

"'Cujus ad solunl, ejus est q I'D
coelum,' went on C~raighead, lis the
maxim on which we stand, the mean
ing of which has been decided in
hundreds of cases-and, strange to say,
is still clear-'He who own land, owns
TO the sky He has as much moral right
to the sky as to the surface. Che man
with a deed to a square mile of the
surface of this planet. under this law,
owns a great pyramid, apexing at the
earth's centre. II extending out into
space, in diverging lines. infinitely: 50
that if he can show hat these lines
of boundary take IN Mars and her
canals, he would have a perfect case
against the MartianS for rent of fields
and toll over waterways, if he could
get service and bring the defendants
into court.
Land. land! The mystic word that
rules the world, The woman who
calculates Good land!' centuries by a
thing more potent than all the gods
of Olympus. Three names are in
timately related in the widely-sep-
arated fields of the Goa combine and
the Law of real property-Coke, Black
stone and Littleton-and it is lord
Coke in his commentaries on Littleton
who says: Lane is a nomen general
issimum and includes everything fixed
to the ground. and everything above or
below it-and when l speak, or still
more when | spell those wonderful
words, 'nomen genera1issimum,' | be-
lieve it! These words from him who
may have begun as Cole. but by losing
everything in him volatile or juicy was
turned to Coke, to the distress of the
law student for ages-these word are
quoted in Brocket VS.. State, IA Penn
sylvania State-and they are the law.
1.-THE air above our land is a part of
it. You know it. Why else AVE You
recognized Reimer's Appeal, 100 Penn
s~ylvania State, as good law? What
was that case? A bay window many
feet above the sidewalk was declared
a nuisance because it jutted out into
the air that was a part of the street.
And see, also, Bybee VS.. TIT State, "a
Indiana. You hang your cornies or
string a wire in my air. and / Will
hale you into court. Don't presume to
fly a kite over my land except by my
CONSENT; you nave no right. And re
member that the city of Cleveland was
mulcted in the sum of $50, 600 for swing
ing a bridge a few times.a day a hun
dred feet above an inch strip of land.
How much more am ] damnihed by
the airship, which may drop a monkey
wrench. a spanner. a COB of ballast, or
a casual remark into my privacy? Like
other highways, the air will be in
tested by accidents and collisions.
Aeronefs will fall into the rural silo,
d~rag-ropes will rip up barbed wire.
and Pyramus and Thisbe. in their Ar
cadian wooing, may be smothered un,
der falling g~asbags, or torn n
by dragging anchors inserted in their
p~ancreases! ! shudder, your honors, at
what may happen when the air Is pop
ulous with sflying-jHgers, pop-popping
about, raining ballast, and wine bottles,
and bacon rinds. and stale bananas, and
hot coffee, aand soft boiled eggs and
lobster a Ia Newburg on a lost and I'M
done republic-and when l %shudder' per
sons of ordinary sensitiNeness fly into
fragments with the shiNers. For Il am
no light and habitual shudderer.
81 have sroken in my weak way Of
what might make q iandholder UNI