New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-03
Report Adopted Is Crit
cized as Putting a Delay
of 20 Years Ahead of a
Most Important Question
Early Inaugural Urged
Chicago Jurist Declares
Sing Sing Is Winter Re-
sort for ssOld Timers


the committee on the law of aviation
was received and finally adopted, after
numerous substitute resolutions had
| failed.
The report advocated that the Bar
Association give attention to "the fun
damental problems of jurisprudence
without venturing into the field of
practical aviation and left the cues
ton of legislation open 60 Congress.
Legal questions involved in air legis-
laton must first be decided before the
details of control were settled, the
committee said.
The proposition that it was an in
vasion of the rights of private owner
ship of property to utilize the air for
flying was challenged by the report,
which was presented by Charles A.
Boston, of New York, chairman of the
committee.
Air Common Property
eve submit that it should be the
law that it Is not an invasion of pri-
vate rights if flight is accomplished
without jeopardizing any right usually
enjoyed in the ownership of land" the
report said.
he said "leads no man anywhere" Will
liam V. Rocker, of Indianapolis, de-
clared adoption of the report would
mean "twenty years." delay on one Of
the most important questions before
the American people. He contended
that the atmosphere was common prop
erty and that its control was lodged
in the Admiralty He offered a Tesoll-
ton setting forth the opinion that
jurisdiction was lodged in the Ad-
miralty and providing for appointment
of committee to give assistance to
Congress in preparation of bills con-
forming to that opinion.
This resolution was defeated after
much debate.
Major Jefferson Davis, of Los An
geles, former air service officer, raised
objection to several features of the
report, which he declared would reta1d
aviation for ten years. He disagreed
with the opinion of the committee that
constitutional amendment might be
necessary to enact proper legislation.
For Early Inaugural
Adoption of the international air
navigation convention by the United
States was advocated by Major Davis,
adding that every big nation in the
world had ratified it with the excoo-
ton of the United States.
The incomplete nature of the report
left the committee with much work
ahead ana provision was made for the
committees continuance during the
coming year.
That Congress should come into be-
ing Immediately on its election; that
the electors should meet at the earliest
practical date to cast their votes for
President and Vice President; that
Congress should meet at the earliest
practical date to count the vote and
that the President and Vice President
should be inaugurated without any un-
necessary lapse of time, read resolu-
ton adopted by the association
Whitman Makes Address
Law enforcement was emphasized in
three addresses before the convention.
Former Governor Charles S. Whitman,
Of New York; Luther z. Rosser, of At
lanta, Ga, and Judge Marcus A. Kava-
naugh, of Chicago, urging education
OF the American public to letting JUS
tice take its course and, primarily. in
Graduating crime itself
The practice of some judges in "nulli-
flying the statutes because of personal
prejudice" by giving defendants the
benefit Of the doubt as to the law was
deplored by Mr.. Whitman. The de-
fendant, he said, was entitled to the
benefit of the doubt on a question of
facts, but not of law. He said prosecu-
tors ought to have the right to appeal
from such "prejudiced DECISIONS" as at
present there is no means to counteract
judges decision.
There is no such thing as unen-
forceable law" the former Governor de-
ciared. You cannot say law is dead
letter because of public sentiment, be-
cause it is impossible accurately to- de-
termine public opinion. The mere fact
That a law is irksome does not prove
that it is inconsistent with public well
fare. Law enforcement is a matter of
executive desire and determination"
Mob Law Discussed
Mob law" and particularly lynching,
wa, was denounced as poisonous and pesti-
lential," by Mr.. Rosser, who declared
its humiliation was the "ony guaranty
OF national safety"
The essence of mob law is swift ac-
ton without reflection" Mr. Rossec
said. Inevitably not all those lynched
are guilty. America in all it's history
has been the breeding ground for mobs,
racial, political, labor, religious. Most
OF our citizenship has been gathered
from the four corners of the earth
They have fed oppression and class OBJ
struction to the asylum for the govern
mental vagarist and hereto
Here the very privileges of the
thoughtless American tend to beguile
him to lynching, and he is encouraged
by political heresies. He forgets in his
wild zeal and frenzy that when he de-
stroys every beacon and compass of the
past there is nothing left but the storm
and the night"
Ease in Prison Condemned
Judge Kavanaugh condemned the COM
Portable prison life of American penal
institutions, asserting that the prison
which "cajoles its inmates by the ex-
sellence of the food and a wealth of en-
tertainment belittles the law and weak
ems the fear of the law in the minds of
the men.
Sing Sing has become popular
winter resort for the oldtime criminal"
the Chicago judge said. "Our prison
attitude constitutes an apology to the
offender for keeping him. He thinks he
is half hero and all martyr.
Teach the criminal to work. After
all, ne is only you and I, plus laziness,
selfishness and cruelty, with desire
to live at the expense of others. Our
interest should be in crime. not in the
criminal. II we could abolish crime we
could forgive the criminal
Judge Kavanaugh declared that soci-
ETY. was foolish TO take another
chance after the second conviction, and
nrrod napo1{;as FoIlo,r ~,,,;f4,x.