River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1914-01-01
POPULAR TALKS ON LAW
BY Walter K. Towers, A. B., J. D., Of the
Michigan Bar.
Who Owns The Air?


Free as air" is proverbial, ard
so long as man had not succeeded in
mastering the air this was true
enough. There was air sufficient
for ell of us and as none could nay
igate 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 il is that the
law is begin ming 70 develop: to keep
pace with the development of aero
nautics. As yet flying machines are
few in number, but it seems that
we may well look forward to a time
in the not far distant future when
the passage of aeroplanes and air.
ships above us will be no uncom-
mon spectacle. What right has the
aeronaut to pass above our proper.
ty? What are his liabilities in case
he causes injuries to those below
him? These and many similar
questions are arising, and the law
is preparing to answer them as
they arise.
If one passes over your land, on
the surface, without your permits
sion, he has committed tresspass
and though he may have caused no
appreciable damage to your prem
Uses, you may recover small dana.
ges in a court Of law by way of vim
dication of your rights. What are
your rights against the aeronaut
who passes through the air above
your property? 1t is fundamental
rule Of English law that persons
property extends indefinitely down
ward and indefinitely upward. This
rule has existed since the beginn-
ings of law, and under it one has
control of the area above his land.
A strict observance of this rule
would lead to this result: An aero
naut who passes above your land is
technical trespasser, and though
he drops nothing upon you or yours,
though he cause you no real injury,
he has violated your rights-he has
trespassed-and you may sue him
and recover damages. Such would
be the logical result of the applica-
ton of the law as it has long exist
ed in English-speaking countries.
But it seems highly improbable
that the law will be allowed to re-
main in this condition. Aviation
has come to stay and it would seem
to be a necessity that aeronauts be
allowed to pass freely over the
property beneath, whether it be pri-
vately owned or a public highway.
This necessity seems certain to
cause a change in the law, which is
likely to come in the form of legis-
Iative enactmentS concerning flying
machines. The French have already
taken action, law having been re-
Gently enacted which extends to
aeronauts free right to navigate the
air, passing where they will. The
nation retains the general control
of the air, however, SO that it may
prevent any but French airships
from flying over French territory,
and make such regulations as may
be necessary.
Among the American states Con-
necticut has taken the lead in pas
sing legislation of this character.
A law entitled AN Act Concerning
the Registration, Numbering, and
Use of Air Ships, and the Licensing
of Operators Thereof" was passed
by that state in 1911. Under this
law airships are subject to rules
similar to those generally applied
to automobiles. The owner must
file certain information with the
Sec. of State, pay a fee, receive a
certificate emitting him to fly, and
a number. This number must be
displayed on the airship in letters
not less than three feet in height.
Airships may be operated only by
licensed aeronauts.
This law fixes the responsibility
for all resulting damages in the fol.