Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-10-31
Right to the Air Is
Coming Subject of Law

How high is your "ceiling?" This
is not an academic matter, having 10
do with ventilation, or the cost of car
penters and plasterers, but an issue of
concern to all property owners now
awaiting aerial legisla ton. How much
of the air above him does man own,
and can he prohibit the passage of air
craft at low height which would put
his property in danger Now it appears
that a man is protected only as high as
he can reach, an If he is short his
ceiling" is very low.
One might almost think that a prop
erty owner could be protected against
sporting aviators who were anxious to
"zoom" around a bit, seeing how near
they could come to the chimney or run
ming their wheels across the tin roof,
hut the fact is that air is absolutely
free
Under the old common law, which
was supposed to be the basis of pres
ent law and to take the place of statute
law where legislation did not cover a
case, a man owned "as high as heaven
and as deep as helP'-unless there were
mineral rights. This has been super
seeded apparently by the unwritten law
that an aviator can dash across the
country at any height and people on
the ground are powerless to stop him,
even though they have the inclination.
The dangerous part of this freedom
on the part of pilot of aircraft is that
he can fly at 5000 feet or even 500 feet
without peril to people below, but no
law prevents him from flying at ten or
fifteen feet over the roof-tops with dan
ger to himself and the people below. He
may nose down. and take a dive at
farmhouse, and just as the cows and
chickens begin \to run and the farmers
wife drops her milk pans pull back his
stick for a sweeping, climbing turn and
watch through his wing tips the con-
sternation he has caused as he just
missed knocking off the chimney
All very we'll in the hands of a clever
pilot whose eye for distance is so keen
that he can tell just how close it is safe
to come, but very dangerous in the
hands of an amateur. Even an expert
enced pilot may miss and crash through
the top of the house instead of soaring
gayly away waving one hand to the
farmer.
There have been a number of cases
where pilots out to amuse themselves
have damaged life and property by care
lessness and recklessness One man
flying a Canadian plane, decided that
he would make farmer in a field be-
low him duck his head and took num-
her of dives at him. The farmer, living
in the heart of flying country, knew
the game and had the hardihood to
stand up. Two or three times the pilot
zoomed down on him, and the farmer
stood his ground. The next time around
he killed the farmer with his under
carriage, which was travelling about 100
miles an hour
An army aviator at Olymphant, Pa,
near Scranton, killed a boy while fly
| ing low with an airplane and stunting
| close to the ground. There were no
laws to protect the child's parents from
| the aviator, who took the chance
| thinking, of course, that he could come
| out safely. Now a bill is pending in
Congress to give $4,000 to the child's
parents as compensation.
During the war; while aviators were
flying under military discipline, this
type of flying was under control by
army orders. If a man were caught
stunting, endangering life and prep
erty, he was Immediately punished for
disobeying army orders. Even at that,
hundreds of pilots took the chance and
got away with 1t, due to the fact that
they did not crash.
From a civic point of view an air
plane has no more right to subjec; peo-
pie to danger by flying low than an
automobile has the right to speed
through a crowded street. The speeder,
however, is easily caught, but unless
the airplane pilot crashes or is forced
to land, he goes on his way without
punishment.
The man in the air has not always
had it all his own way, as is shown
by recent incident of the New York
Toronto air race. An army pilot Of the
rank of major found himself with a bad
engine far from a landing field, and,
picking out the best ground below for
forced landing, came down in a patch
of corn. The enfuriated farmer dashed
out even before he had climbed from the
machine. and with the help OF one or
two farm hands bound up the major,
and carried him to the barn, where he
locked him up. Then spreading the
glad tidings among the nelghborhood,
he exhibited the major to the delighted
crowds for fifty cents a head until he
had collected enough to pay for the