Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-08-19
ACT TO CONTROL
AER0NAUT|CS To
Be ADYOCAT { D
American Bar Association
May Urge a Constitutional
Amendment Placing Pow
er in Congress Hands.

Cincinnati, o., Aug. 1s.-ORe of
the most interesting and unusual
features to be introduced and dis
cussed at the convention of the
| American Bar association, to be
held here August 80 to September
| 2, will be the matter of recon-
mending the enactment OF consti-
tutional law to bring about the
proper solution of the demands of
aeronautics.
The recommendation that such
action be taken comes from a
special committee on the law Of
aviation, which in its report to
the executive committee of the as
ISOLATION expresses its hope that
in the enactment Of iany legislation
by congress, the most careful pre-
liminary consideration be given to
the constitutional features of any
proposed legislation, TO the end
that it may be determined whether
the proper development and regu-
lation of aeronautics does not re-
quire az constitutional amendment
comforting complete Jurisdiction
over aeronautics upon the United
States through its appropriate de-
partments, instead of attempting
to adopt devices of questionable
constitutionality to make existing
national powers apply to this new
branch of human activity.
A Commercial Problem.
The report further states that
neither the public nor the legal
profession appears to be alive to
the demands of the situation
There is a prevalent tendency, it
is asserted, to regard che problem
as primarily. il cot exclusively, a
military problem; whereas in fact
it is primarily a commercial and
economic problem, with grave in
cidental features which lie in the
domain Of Jurisprudence and law,
and demand the aid of jurists and
lawyers.
The two fundamental juristic
problems of aeronautics In this
country are emphasized by .the1
committee as follows:
Whether control should be ex-
erted by the national government;
and whether the power of such
control should be conferred by
constitutional amendment, or
seized under the claim of the ex-
ercise of existing powers.
The committee after thorough
investigation finds and will report
that the embarassments arising
from the present state of the law
mo hn flHr f,.sH ,YtA1 70
the following specific difficulties in
existing laws; the uncertainty as to
what the law Is governing; the
lack of any uniform laws; the con-
flict of laws; the insufficiency of
law; the hazard of unregulated
flight; the hazard of underlined re-
sronslbility: the hazard of person.
mel in unlicensed or unequipped or
unadequately equipped pilots; the
hazard of deficient air worthiness
of aircraft. Together these make
up a bunch Of uncertainties and a
bunch of embarrassment which
make the proper conduct of the
business OF aircraft insurance ex-
tremely difficult II not impossible.
Belief of Committee.
The committee expresses the be-
lief that recourses to a constitu- |
tional amendment is desirable in |
providing regulation of air service
and at the same time admonishest
that the greatest care should be
taken to make IT. amply compre-
bensive because of the fact that
the art of flying is still in its in
fancy. The committee also sub
mits tentative constitutional
amendment suggested by Mai Eliza
G. Johnson of the United States