Omaha daily bee., 1914-09-20
LAW OF THE AIR In WAR TIME
Rules that Should Govern the Con-
duct Of Belligerent Aviators.
FLYING MEN ARE NOT SPIES
Eorbfdden TO lombard Unfortified
Towns, hut Otherwise Unre-
stricted in Their Hos
tile Activities.


8 Battles in the air. the destruction Of
Che mightiest Notifications by veritable
cloudbursts Of explosives and the spying
out Of military works or maneuvers from
the deadly vantage point Of the aviator,
are all ideas which have appealed
strongly to fiction writer's. II lie in the
prestn European conflict that the fleets
of the air will be given their first real
test, and possibly their last one, for
many authorities believe that they will
add intolerable horrors 70 war. and that
rs fighting machines at least they will
be banished by international agreement
before another conflict takes place
international law is a complex and
slowly growing body Of rules which has
been built up by the association Of the
nations OF the world with each other.
The science OF seronautics has grown so
rapidly that It has outstripped the pom
derous machinery of International con-
ferences. AS result the greatest OF
wars il now in progress. with little or no
agreement between the contendinR powers
rs to what constitutes proper use OF
dir vehicles in the carrying on OF hos
filities. In The Law Of the Air" writ
sthn by Harold D. Hazeltine and pub
hshed in this country by the George II.
Doran company. the laws concerning the
use Of the air are discussed. DIT. Hazel
tine is an English authority on interna-
tlonal law. and his book consists Of a
series OF lectures delivered at the Uni
versity OF London
tf General Principles Involved.
y DR.. Hazetine first discusses the general
principles concerning the control Of the air
space by the state. Because Of the short
time during which this has been matter
of any Importance no very definite con
illusions have been rcaI-cd. Many author
tiles on international law hold that the air
is free TO all. and that any device for
navigating II has the same right TO travel
through any part OF It that vessel has TO
voyage anywhere on the high seas. A
number OF rather ingenious arguments in
support OF this view have been worked out
by those who advocate It, but neither gem
oral opinion nor any statute has ever
recognized such stand
The opinion which is generally held. and
on which all nations act when they arrest
foreign aeroplanes which fly above Their
territory without permission. Is that eacl
country hold absolute sovereignty II the
air space above its territory
During the Franco Prussian war OF 1870
sorne attempts were made to use balloons
for observing the movements Of tho hos.
Tile armies. The statue Of aeronauts had
not been defined at that time, and Bis
marck ordered that any who might +,
captured be considered as spies. As
matter OF fact, a number OF them wer,
SIT -. IA
tary prisoners and were not executed
was not until the first Hague convention
{ an 1899. that the position OF balloonists II
! time OF war was defined
BallOonists Not Spies.
The conference decided that balloonist
hre not spies II they are sent ito delive
dispatches" or 10 generally maintain
communication between the various part
of an army or territory" This rulin
fails TO provide for the treatment OF avia
tors who may be captured in the act o
gaining information. but such activit,
seems TO be provided for in a definition O
spy which was adopted at the sam
time. This declared that IAN indivldua
can only be considered n spy n, actinI
I .clandestinely or on false pretenses. he OBJ
tains, or seeks to obtain. information Il
the zone of operations of a beliigerent
with the intention OF communicating IL [
the hostile party" Under this provisio
aviators seeking information could hardl
DO regarded as spies. for they operat
without false pretenses and without clan
destinity.
~ As soon as there was some ndlcatio
- that flying machines might be perfecte,
~ the international lawmakers were at one
struck with the question OF their use fc
s- the dropping of explosives The same col
ference at which the laws concerning n
treatment Of airmen taken prisoner durin
- war were passed took an important star
-. on the explosive question, and one whicl
II Is to be regretted. has not been CONT,
ued In January Of 1893 Count Mouravief
~ or 81. Petersburg, sent a circular 10 Il
states to be represented at The Hague,
- which he urged the prohibition OF Il
discharge OF projectiles or explosives
II, any kind from balloons or by any simil;
- means"
- Powers willing to Take Chances.
- The subject was given brief consider
ton and the law adopted for a period
i've years, which expired on September
lSo6. Eight years later Il appeared IN
the action OF the tribunal was N
prompted so much by humanitarian fec
ings as by the belief that air craft we
not destined TO play an important part
any war in the near future. When ii
second gathering at The Hague took pla
IN 1877 IL was impossible to inspire any ,
the great European powers with the sen
ments to which they had unanimous
subscribed in 1899. The progress made
the science OF aerial navigation had be
so extraordinary that the military powe
were deeply interested. and very few
them wished 10 give up this new meth
ohattack
England and Austria Hungary were
the party in favor of the Limitation
ornaments, and accordingly favored !
striction of the use OF aeroplanes. 10
Reay. the British delegate. argued that
would be most unfortunate to add a thi
expensive army TO the fighting force
nations already overburdened with I
cost OF their naval and military opeI
tons. France and Germany opposed Il
view on the ground that they could !
afford TO give up advantages which mig
be very great in the future IL progress
the new science Of the air continued
rapidly as il seemed likely 10 do