Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-08-16

free as air 10 pToVeTudl dhu ~
long as man had not succeeded In
mastering the air this was true e.
There was air sufficient for
all of us and as none could navigate
it with any success, questions of the
control of the air did not arise.
But now we have the aeroplane and
the airship and We are in what
promises to be the beginning of an
age of aviation. So 1t 10 that the
law is beginning to develop; to keep
pace with the development OF aero
nautics. AS yet, flying machines are
few In number, but 1t seems that we
may we'll look forward to p time in
the not far distant future when the
passage of aeroplanes and airships a.
.oye US will be no uncommon specta-
lie. What right has the aeronaut to
pass above our property? What are
,is liabilities In case he causes in
Jury to those below him? These
and many similar questions are aris-
ing, and the law is preparing to an
swer as they arise.
II one passes over yer land, on
the surface, without permission, he
has committed trespass and though
he may have caused no appreciable
damage to your premis S you may
recover small damages in court OF
law by way of vindication OF your
rights. What are your rights against
the aeronaut who passes through the
air above your property? 1t Is fun
lamental rule OF English law that a
person 8 property extends indefinitely
| upward and indefinitely downward
This rule has existed since the be-
| ginnings Of law, andunder 1t one has
control of the area above his land. A
strict observance Of this rule woulc
lead to this result: An aeronau'
who passes above your land Is
| technical trespasser, and though ne
drops nothing upon you or yours, th(
he causes you no real injury, he has
violated your rights--he has tres
passed-and you may sue him ant
recover damages. Such would be thu
logical result of the application OF tn
law as It has long existed in English
speaking countries.
But it seems highly improbabl'
that the law will be allowed to re
main in this condition. Aviation ha
come to stay and 1t would seem t
be a necessity that aeronauts b.
allowed to pass freely over the prop
erty beneath, whether it be privatel
owned or a public highway. This ne
cessity seems certain to cause
change in the law, which Is likely t
come in the farm OF legislative enac'
ments concerning flying machines
, The French have already taken az
ton, a law having been recently er
Z acted, which extends to aeronaut
free right to navigate the air passin
: where they will. The nations retain
q the general control Of the air, how
{ ever, so that 1t may prevent any bu
j. French airships from flying owe
v French territory, and make such n
|. gulations as may be necessary.
u Among the American states, Coz
1 necticut has taken the lead In pas
ing legislation of this character.
). law entitled "An Act Concerning tn
r Registration, Numbering, and Use
Air Ships, and the Licensing OF 0!
a orators Thereof" was passed by thu
d state in 1911. Under this law, airshiI
!. are subject to regulations similar
}, those generally applied to autom
i. |biles. The owner must file certain II
formation with the Secretary OF Stat
pay a fee, receive certificate en1
Ting him to fly, and number. Til
n number must be displayed on Il
airship In letters not less than thrt
feet in height. Airships may be 0
|. Grated only by licensed aeronauts.
This law fixes the responsibility I
" all resulting damages in the followil
section:
D. Every aeronaut shall be respon'
BILE for all damages suffered in tn
t. state by any person from injuri
3, caused by any aeronaut; and II he
1t the agent or employee Of another
,e making such voyage his principal
n employer shall be responsible
Of such damage"
,e The states OF Massachusetts, al
Of New York are considering similar |,
e. station and before many years
p seems probable that every state W
or have acted on this subject.
d. The question Of fixing the respon
bility for damages, which has be
Of cared for In the Connecticut act
3. one that il likely to be Of immedia
ltmnorfanro Tho daupara If airshi