Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-01-14
NATIONAL AIR CONTROL.
PLANNED BY CONGRESS
Radio and Aviation May Be Brought
Under Strict Regulation by
Federal Government.

SO mingled with those elements sub
3ect to regulation by the federal gov
eminent, that the federal government
cannot effectively regulate, prevent
interference with and safeguard in
| terstate and foreign commerce by air
! navigation without incidental regula
| ton or intrastate commerce by air
navigation and Of air navigation for
other than commercial purposes. the
| provisions of this title shall apply
! with respect to all air navigation in
= the United States, and to aircraft and
airmen engaged, and to air naviga
ton facilities used in such naviga
ton"
Given Wide Discretion.
/ In the regulation of aircraft move
4 ments, both commercial and private.
. wide discretionary authority is vested
in the Secretary OF Commerce under
certain stipulations which seek to
! apply combination of the rules now
! in force with respect to motor trans
portation. railroad operation and
! transportation by water. For eX-
ample, the measure provides for air
craft operators license, registration
| of aircraft and a scheme Of identif-
cation after the practice of the states
in regulating motor travel. II fur
| INCL pION IdtS IOI lIIC lSSudiiSC u ~
| tificates Of airworthiness," following
! inspection by the government in the
/ same fashion that the navigation
! laws require certificates of seaworthl-
| ness for vessels.
| The Secretary Of Commerce is au-
I; thorized under the bin to approve
! air routes for air commerce in the
| United States and to cooperate with
! both states and private interests in
! the maintenance of these routes. IN
[ this connection the bill includes pro-
! vision for the creation of all possible
| safeguards in these approved aero
| routes. including maps. signals.
weather reports, etc. The President is
| authorized by executive order I"
| make such aiT-space reservations for
| national defense or for other govern
| mental purposes as he deems neces-
| sary.
Covers International Traff1c.
The immigration laws, the customs
regulations and the statutes govern
! ing the public health are made APP
! plicable to the entrance Of aircraft
!; from any point outside the United
States. The bill provides that all civil
! aircraft arriving in this country or
departing therefrom, with certain
designated exceptions, must make
! entry or obtain clearance through a
| port Of entry" TO be designated by
the Secretary of the Treasury Postal
aircraft, those operated as pleasure
| vehicles, those operating regularly
as commercial carriers through fixed
port of entry and aircraft compelled
| to make forced landings are excepted
| from the foregoing formalitieS, under
| such regulations as the Secretary ~
Commerce may prescribe.
no rnto ril IF N or Tr1a
ury and Commerce are to make,
jointly, regulations for the entry and
departure of military and naval air
craft and those operated by the coas:
guard.
The new air legislation gives III"
Secretary of Commerce wide invest
gatiye powers, similar to those of tha
Interstate Commerce Commission,
over commercial aircraft operations.
! The air regulations, under the bill.
are enforced for the most part ="
civil penalties in the same manner
that the customs and navigation laws
are enforced. They are drastic in
their maximum amounts, but are sub
Ject to remission and mitigation by
administrative officers in order that
the amounts finally imposed shall ac-
cord with the gravity of the offense
Some of the Penalties.
The matter Of an aircraft navigatcd
without registration or Identification
or without a certificate of airwoTthi-
ness is subject to civil penalty of
$1,000 The owner of an aircraft or
| aerodome operated without certificats
from the Secretary of Commerce is
subject to a fine of $1,000. Violations
of air traffic rules as prescribed by the
Secretary of Commerce are to be visit
ed with a penalty Of $500. Failure 10
maintain proper signals or failure 70
Keep required log books or other rec
oTds is similarly visited with a pen
atty of $500. Violations of the regula-
tions requiring entry and clearance
subjects the master of the aircraft IN
a penalty of $4,000 and makes all
property on board liable to forfeiture
The bill provides for all criminal
violations of the act a fine of $4,000
and Imprisonment for not more than
five years, or both. Under this section
come such offenses as interference
with aircraft signals, display of false
| signals. forging records OF certifi-
Gates, plundering aircraft in distress
or larceny from any aircraft in inter
|; state commerce.
For Reciprocal Privileges.
Foreign civil aircraft may operate
over the territory Of the United States
subject to the same regulations inn
posed on American aircraft. but the
Secretary of Commerce may make OK
ceptions in the case of aircraft of IA
country maintaining reciprocal rela-
tions in this connection with the
United States. American aircraft
operating over foreign territory are
subject to American air statutes i'll
; so far as they do not conflict with for
eign laws. Foreign military aircraft
are prohibited from operation in the
United States save under a specia
: authorization from the Secretary Of
State. The President is authorized /"
employ the Army, Navy and coast
| guard to enforce this provision.
While the United States is not a
: signatoTy TO the international lair
, convention of 1919, the new air legis
lation would have the effect Of bring
ing this country into practical agree
ment with other nations in admins
tering the air. In this connection tho
bill asserts the principle that, there
is no free right of flight over the
J United States. but, on the contrary,
this country claims sovereignty of its
' airspace just as it does of it's land
and water within the three mile limit
This principle appears in the interna-
tional convention of 1919 in conse
quence of the insistence Of Great
Britain and the United States. Some
! other European nations wished 10
consider the air in the same way that
the high seas are regarded in inter
. national law; that is. without any ex-
elusive Jurisdiction or sovereignty