Evening star., 1922-06-30

mo measure, however, are making
committee. and they are Of Of the be- -
aS aiSi tnat the House will act favor
adniy dnny on IT before the December ad-
An outstanding feature Of the bill
Is that the district courts of the
United States shall have exclusive
jurisdiction over all claims and con-
sroversies involving aircraft, air
uromes and air stations, their owners,
,sessees' charterers and operators
iicensed hereunder. with a right of
appeal as In other cases. 1t is also
PROVIDED that the law and procedure
70 De applied in determining lssses,
cialns or controversies. wherever
arising, whether on land, water or
IN tne air. shall conform as nearly
as may be to the principles of ad-
miralty or maritime law.
Basis of Control,
signature it will become 1.-The char
ter for civil aviation and will be the
basis of control and sovereignty
Wnicn the federal government can
ana should properly exert over the
air, Col. Davis declared.
among constitutional lawyers who
nave given careful thought to the
jurisdiction of the air. Col. Davis
sald, there seems to be no question
put that the sovereignty in each ma
tion over the air space above its ter
rltory Is the only theory which will
i,,1 promote the proper development of
civil acronautics. Some few assume
that a constitutional amendment, he
continued: is necessary in order to
give the federal government jurisdic-
tion over the air. by reason of an
OLD common law doctrine. "A careful
examination of legal authorities.
however. will show that this is not
law" he emphasized. but is merely
q theory which has come down to us
from medieval days. because there
has never. until recently, been any
occasion to distinguish between the
applications which might be drawn
from it. 1t is a maxim relating to
tenancy and not to sovereign rights
1t Is also maxim relating to rules
OF conveyance and not to sovereignty.
Concerns Only Right to Use.
Aviation is concerned only with
the use of the atmosphere for naviga-
t1on purposes: the right Of navigation
being only right to use. and not
constituting title in fee to the area
affected
One can well imagine the great
handicap which aeronautics would
suffer II confronted by detrimental
legislation by individual states" the
colonel continued. For instance, a
hyer on a cross-country trip between
Boiling Field. Washington. D. C, and
Mineola, Long Island. passes over six
states in less than two hours. In a
single flight the aviator would be
subject to the laws of six different
states, and by some Of them on more
than one occasion during a single
flight"
Col, Davis firmly believes there is
no question as to the constitutional
validity of regulations governing the
operation of aircraft in interstate and
foreign commerce. such as is set forth
In the Wadsworth-H Hicks bill.
Facilities Can BE Regulated.
Realizing the necessity of unified
and concerted governmental action in
the field Of aeronautics." Col. Davis
continued. "it can well be argued
commerce includes, incidentally, the
power to control intrastate commerce.
Such power has been recognized by
the Supreme Court whenever neces-
sary for the full exercise of the power
to control interstate commerce."
He illustrated this by saying that
II interstate flight is SO connected
with interstate commerce as to rem
der interstate commerce dependent
thereon. then Congress has the power
to regulate not only the intrastate
commerce connected Herewith. but
the ldciiltleS ana mentdl1tieS
used in such commerce.
Col. Davis said commissioners on
uniform state laws are attempting to
draft uniform state aviation law.
He said If federal legislation were
confined to international and inter
state aerial navigation, as proposed
under the admiralty jurisdiction of
the Constitution by the Wadsworth-
Hicks bill. the states. through the
adoption of a uniform state aviation
law. could Immediately supplement
federal legislation on the subject. and
thereby overcome all doubt as to
whether or not attempted regulations
governing intrastate commerce would
be valid exercise of the federal
power under the Constitution.
Constructive Policies.
While. of course. it may be true
that under our dual system of gov
ernment." continued Col. Davis. fed
eral jurisdiction of intrastate flights
cannot be assumed immediately. vet,
on the other hand. federal jurisdic-
tion over interstate flights Is we'll
within the provisions of the federal
government and within its constjtu-
tional powers.
The need for constructive recon-
mendations as to what can be done
and should be done at this time to
encourage and regulate the operation
OF civil aircraft in interstate and for
eign commerce is SO great that atten-
ton must focus on constructive poll
cies rather than narrow down to de-
structive criticism. The immediate
opportunity for federal legislation is
Afforded by the Wadsworth- Hicks
bill"
Col. Davis asks the question. How
will we assume our new place of lea
dership in the air. leadership in a
field which we were first to enter.
now to lag behind every other ma
tion?" He volunteers the following
answers:
Immediate consideration by Con-
gress of the Wadsworth-H Hicks bill:
bringing civil aircraft employed in
interstate and foreign commerce, and
incidentally intrastate commerce, un-