Evening star., 1921-08-19
Rv The Associated Press

By the Associated Press.
CINCINNATI. August 19.-One Of
the most interesting and unusual
features to be introduced and dis
cussed at the convention of the
here August 80 to September 2, will
be the matter of recommending the
enactment of constitutional law to
bring about the proper solution of the
demands of aeronautics.
Tho recommendation that such
action be taken comes from spe-
cial committee on the law OF aviation,
which, in its report to the executive
committee of the association, ex-
presses it's hope that in the enact
ment of any legislation by Congress
the most careful preliminary con-
sideratfon be given to the constltu-
tional features of any proposed legis-
lation. to the end that it may be de-
termined whether the proper develop
ment and regulation OF aeronautics
does mot require a constitutional
amendment comforting complete Jurls-
diction over aeronautics upon the
| United States through its appropriate
departments. instead of attempting to
adopt devices of questionable constl.
tutionality to make existing national
human activity.
Demands Of Situation UnrealiAed.
The report further states that
neither the public nor the legal pro-
fegsion appears to be alive to the de-
prevalent tendency. it is asserted. to
regard the problem as primarily. II
not exclusively, q military problem;
whereas, in fact, it is primarily COM
mercial and economic problem, with
grave incidental features which lie in
the domain Of jurisprudence and law
and demand the aid of 3urists and
The two fundamental juristic prob
lens Of aeronautics in this country
are emphasized by the committee as
Whether control should be exerted
by the national government and
whether the power of such control
should be conferred by constitutional
amendment or seized under the claim
of the exercise Of existing powers.
Lack Uniform Laws.
The committee after thorough in
vestieation finds and will report that
the embarrassments arising from the
present state of the law may be con-
yeniently contributed to the follow
ing specific difficulties in existing
laws: The uncertainty as to what the
law is governing; the lack of any
I uniform law; the conflict Of laws:
the insufiiciency Of law: the hazard
| of unregulated flight; the hazard Of
underlined responsibility; the hazard
! of personnel in unlicensed or up-
| equipped or inadeQuately equipped
pilots; the hazard of deficient air
worthiness of aircraft. Together
| these make up q bunch of uncertain
| ties and a bunch of endorsements
which make the proper conduct of the
| business Of aircraft Insurance. ex-
tremely difficult II not impossible.
Would Amend Consultation.
Tho committee expresses the belief
that recourses to constitutional
amendment is desirable in providing
regulation Of air service. and at the
same time admonishes that the great
| est care should be taken to make 1t
amply comprehensive because of the
! fact that the art of flying is still in its
infancy. The committee also submits
| q tentative constitutional amendment.
suggested by Maj. Eliza C. johnson of
| the United States Army, legal adviser
to the air service. as follows:
Congress shall have power to pro-
vide for regulating the use for air
! travel Of all air space over the earth
and within the borders OF the United
states and its territories, and all
| countries over which the United
states has jurisdiction. including the
| three-mile limit on the seas. and to
provide for regulations of landing
fields. . dxed coda OF signals and