Evening star., 1927-11-13
TO TEST
AV|ATORS' RIGHTS
Contends Federal Govern
ment Should Have No Con-
troll of Air Traffic.

While the trial ut Stuart A. Teiss If
Takora Park. first aviator 10 he form.
ally suspended by the Department, ~
Commerce for violation ot the air
traffic regulations, will he resumed to-
morrow where il left off eight davs
ago. the real issue in the case. accord.
inG TO Jesse Duke, counsel for Reiss,
is the right Of the Commerce Depart
ment to assume jurisdiction over air.
plane ira fic. or the right OF Congress
to delegate such power to the depart.
ment.
The trial Of Reiss. whose license has
been suspended for 90 days by the
department because he Is alleged 10
have flown below the legal level over
Hoover Field, in South Washington.
Va, killing a pony with his landing
gear, is only incidental to the ma jor
purpose of the injury, according To
Duke, who contends that not only did
Reiss not violate the air traffic law,
but that police power or control over
airplane traffic should not be vested
in the Federal Government, but in the
State police.
Issue Is Sweeping One.
In this case, Duke says. Reiss
should be tried before an Arlington
County court and the State should
prosecute him rather than the Fed
eral agency named in the air com
merce act. the aeronautics branch of
the Department of Commerce.
The issue raised is a sweeping one.
entirely new, and not likely of final
settlement, in the judgment of attor-
neys connected with the Government,
until it is finally settled in court of
law. Notwithstanding this, the aero
nautics branch Is proceeding with the
investiga ton, with view to settling
the guilt or innocence of the accused
aviator on the charge that he flew
lower than the 500-foot level pre-
scribed in the air commerce act. The
trial is being held before Assistant
Secretary MacCracken, in charge of
aeronautics. and is subject to review
by Secretary Hoover before final ac-
tion is taken.
Duke pictures the air filed with
airplanes, all in charge of licensed
pilots, as automobiles fill the high
ways OF today. and draws a parallel
between the future State air police
forces and the scorching motor cycle
cops" who patrol the State high
ways of the present in search OF Of
dSdlIob pACoCHL II 10 w.
When that times comes, Duke con-
tends, unless the police power of air
traffic control is taken from the Fed
eral Government and vested in the
State courts, trials of offenders will
he as common as the boil weevil in
the South and about as capable of
conviction.
Sees Time Near.
Not more than Is years will elspse
| before the air will be crowded with
airplanes-public and private-cross-
| ing and criss-crossing along recognized
lines of airway, Duke SAYS.
The constitutionality Of the entire
procedure with regard to the charge
against Reiss is challenged by his
counsel, who contends that several
clauses of the Constitution OF the
| United States forbid Federal interfer-
ence in the commerce of individuals
or firms in any way.
| OF course. counsel has pointed out
| the fact that Reiss killed q. pony with
| the landing gear of his plane, makes
| the whole affair more or less funny.
But counsel also points out that Reiss.
/ in an attempt to drive a herd OF ponies
from the flying field, did so al the
| risk of his own life and may have
| saved the lives of other aviatorS, VINO
| might fail 10 see them on the neId.