Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-07-27
Copyright, 1909, by the Bobbs-
Merrill Company

every highway had been granted away
by the owners Of the fee-the very
streets of New York being covered
so far as to cut the city into nearly a
hundred irregular blocks. The other
great cities were similarly gridironed.
The space over the smaller rivers and
streams was mostly sold to the Air
Products company. The mystery in
this SO stimulated curiosity that it
caused more excitement than the Vir-
ginia herself, for these seemingly
worthless rights over farms, streams,
roads and streets were like huge
spiders web spun as net over the
world-Europe and Asia as we'll as
sources was up to something big
Something was to be caught In the
net-but what7
Cratghead and Carson dined with
Mr.. Filley, Mr.. Waddy's personal rep
resentative, little man with a great,
scantily matched head and no body
who ate lobster and green turtle soup
and drank port and grew paler every
day.
"When shall we know" asked Theo-
dore.
"Soon," replied Tilley. "We'll cover
the whole country with injunctions
this afternoon and get hearing here
in few days. In very few weeks
we shall win the greatest legal tri-
umph of recent times or-snuffed out"
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.. Fill
ley fled his injunction suits against
the owner Of every known atrship 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 surround
ang 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
tho 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
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
~ 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
a,nazement The unthinking laughed
at the unheard of Md 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-
fendant 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, shuf1led 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, I'VE GER
tainly do not admit
"For present purposes" replied the
Justice, 1.-THE showing seems ample that
plaintiff owns certain rights in lands
10 distributed that the defendants
must pass over them in going from
place to place; that the defendants
have habitually done 80 and that tho
situation constitutes a threat that this
win DO 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.. F1llsy gathered up his papers:
but, with professional sounding MAY
IL please the court" that dumfounded
Fil1ey and drew from the Justice a re-