Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-07
LAWS ron AIR TRAVEL.

The making Of laws for the navi
cation OF The air has hitherto been
theme Of icgt for press and other hu
morists. Lake J. Mlnahan, presiden
OF the Aero club OF pittsfield, Mass.
insists fl d current magazine that il Il
high time 20 consider seriously the N
9 aspects Of what promises 10 be.
come d really complicated situation.
Aerial travel is not yet common
There are many who doubt whether
Il ever VIII be IN any sense a regular
or commercial method OF transporta
lion, despite the rosy promises, and
occasional performances OF some Ger
man builders ~ dirigible balloons. But
aviation viii grow as q sport or en-
tertainment. and there are already
signs that in the air, as on the roads
IL the earlier days Of the motor car.
the reckless amateur may become the
object Of n widespread public resent
ment.
After All, every flying machine is a
moving weight, dangerously insecure
and likely 10 fail, and it's fnli likely to
damage persons and property other
Than those Of avintors And while the
aviator may be willing to take al the
personal risks involved, he has no
right 10 compel others TO share those
risks against their Will, How the prop
arty owner on the eround may look
at II IL illustrated by Mr.. Minahan by
citing the action taken by Morris
Kammelhor, "A local magistrate in New
Jersey
Hearing that experiments with aer-
opianes were 10 bo made IN the dis
trict where he lives, Kammelhor de-
cided that he did not care to share
in their risk or 20 have his family or
his dwelling house share IN them. SO
lie had y large mo 1respass'' Sign
paltned ana set II up on the Flagstaff
Of his house, warning aviators not TO
fly over there, under the usual PEN
altieH OF the laws against trespass on
private property.
Mr.. MlnAhan seems 20 think there
msy be some doubt whether Rammel-
hor IL rieht in his contention for such
ownership of the mir ovcr his land as
would authorize him to invoke the law |
against treapassers on that air. How |
ever there IL really no doubt NJ ALL
at least not whore the English COM
moi law II the basis of definition OF
property rights. The land owner owns
his land 20 the center Of the earth. |
Tina. Is an established rule. lie owns
the afr above 10 the extent that he
may prevent "a neighbours building
from projecting over his land. though
not touching IT, Tint Is an estab-
lished rule,
How tar he may prevent another
traverqing the air over his land
Is q question that has seldom come be-
fore the courts. though when il has
the decision has Invariably. we be-
liesc, been la favor of the lane owner
a leading case - the English one Of
a farmer against a rifle shooting club.
The club had the land at tho firing
point and also where the targets we're
but there was a strip between over
which the bullets Travelled. The far
m"r held that he and his servants
We're not compelled 90 take the risk
thus getting shot The courts snid
the farmer was right. ana compelled
she rifle club to cease practice untn
had made arrangements satisfactory
the farmer for the use OF the AIR
his land.
The Aero club OF France has rccog-
nized the situation by submitting 10
minister Of public works a set OF
rules which Il suggests might be made
the basis for a code for aerial navi-
The principal provisions are
? prohibition of flight over private
property at "a lower level thnn 100 feet
over towns at any level without 4
permission OF the munlcipalt,. and ,
me iNinB Of definite ain lanes" 10 q
which afr travel must ha confined. q
Miuahan doubts whether such d
Jules would bee satisfactory. and So do "a
The dauger from falling nirsb,n. E
" their ballast would not be- dlnin- .
shed hy compelling ayintors to ko.n
my distance above tho earth
We judge from the Aero clubs nro-
'oslis that iu France the Anrlo.Amer.
can rule against taking private prop-
ray Tor public nsc without compensa- 2
does not prevail. II ceriainlr mo- g.
ais 10 the United States ana ln view Z
Z that fact there IS no use in troub- =,
.ne our minds about any possibility o. i
n 'oirship trust" There a De no q
monopoly wieF- eli have sn equal I
of right 70 use the thing ncoes
lrily To- be- used-the air. d