El Paso herald. (El Paso, Tex.) 1901-1931, 1919-02-03
DEVELO PMENT OF AERIAL TRAVEL
MAKES NEW LAW CODE ESSENTIAL


west so frequently that flights between San Diego and
Fort Worth OF Houston Of almost daily occurrence
herads the day when aplane transportation VIII De al
most, If not quite, as common as autoIaone transporter
non has come be. II also suggests that the time ap-
proaches when entire new body Of laws must be en-
acted.
new code 70 govern life and property in the air.
The legislatures Of Texas New Mexico and Arizona
need not bother themselves about this matter imme-
diately Legislation Of this character IS not pressing to
be enacted this session. But 1t viii IN time, BIZ
zsrTe the idea now seems
How much of the air do you own? The law defines
your property rights the surface Of the earth and
the surface Have you have any Of US, any property
rights in the air and if So how high do they extend? To
level Of the roes t0pmost point Of house business
buug2 Or to the level Of the tops Of trees if they be
higher than the house?
Back in the days when sirplanes and dirigibes
s rarity congress Of legal experts met IN Paris and
Wondered some Of these questions The answer was
much Of the air as he can occupy. Taking the
Efel tower indicating the maximum altitude yet
occupied they reasoned that the air is yours up 1000
feet above the ground On this theory, any aviator flying
your land at height Of less than 1000 feet is tres
passer your property
This is purely academic Of course It not law There
VIII be statutory deneation Of the subject day, how
ever.
But one may say: ~WeI. suppose do own the air as
high 1000 feet my land, what earthly difference
does it make whether aviator trespass my aerial
No difference, perhaps Certainly any householder
would welcome the passage Of a dirigible
zpane tTespass and all IN order to get closer view Of
But whether or not there we're legal act Of trespass
might make difference If, somehow bag Of ballast be
separated from digibie BY accident and crashed
through your roof The act Of trespass would have bear
ing upon the other act which brought damage to your
property
As for criminal jurisdiction Suppose crime were
committed in airship. Where would the offender be
ted7 IN the county which the crime commit
ted2 Or in the county where the airshp down.
ing possible the Of the maleactOr? Or
1rom which the sirship started?
Let suppose that, board fast flying passenger
duslb an assault to murder takes place The assault
begins the ship flies Pensacola Il is completed
While the ship is at The victim leaves the ship at
Havana and prefers charges but the perpetator of the
sauit Is arrested in Porto Rico Where should trial be
heId2
When judges TO passing upon aerial accidents
they VII ind very troublesome precedent bal
leon descended IN Belgian town In their eagerness TO
assist the pilot the crowd caught hold Of the guide rope
The pilot begged them to let 60. They held Seeing
ms danger he pulled the ripping cord. At that moment
Belgian, IN an open window lighting his pipe The
gas from the balloon went that way caught fire and the
Belgian vas burned TO death his house burned down
he aeronaut arrested and tried and verdict was
rendered ezoHeratng him from all responsibility and put
ting al the blame the dead man
ihre VIII be legislation for life and property II the
ar and Tor he and property the ground as they nav
be affected BY and things aeronautc Nasssc6usefs
handing aircraft legislation But the state did not know
at had excited the governor At the aeronautc exDosi
non an aviator had said to him: @See this button? IF vou
Eine1