Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-21
R. c. A. VOLUNTEERS.
TO LIGHT TOWERS.
Safeguards to Air Navigation
to Be Placed on All
Aerial MaStS.
BY MARTIN CODEL.

NEW YORK, May 21.-In the inter-
| est of cooperation with aviation, and
without conceding any legal obligation
| to do so, the Radio Corporation Of
| America yesterday decided to light the
| towers of its transoceanic radio stations
at New Brunswick, N. j. Similar safe
| guards to air navigation will be placed
upon its other radio mastS, and the
| lights on the towers of its Great Lakes
radio station at Cleveland will not be
turned off, as threatened.
Col. Manton Davis, vice president and
general attorney of the Radio Corpora
ton Of America, will confer on the sub
ject in Washington this week with the
Assistant Secretary Of Commerce Tor
Aeronautics, William P. MacCracken, 1r.
From Mr.. MacCracken and Government
airways officials he will obtain data on
the best methods for painting and light
ing the towers to make them more
readily visible to aviators during day
and night hours.
The IL towers of the Radio Corpora
ton of Americas European and South
American radio transmitters at new
Brunswick have been a serious menace
to pilots because they are directly on
the airway leading to and from Haoley
Field, Eastern terminus of the air mall
They stretch for nearly mile in rows
Of two, each standing about 400 rect
high. An effort to throw beacon light
in their direction, as observed by the
writer during trip to the station. has
proved wholly Intellectual, especially In
cloudy and foggy weather.
Hold It U. S. Function.
Purely on legal grounds, the Radio
CORPORATION has contended that 1t was
the Governments function to light such
distractions in its program OF proVlo-
ing aids for air navigation.
The corporations legal rights are re-
affirmed in its decision to place ngntlnH
facilities upon the tall towers as soon as
the proper installations can be mace.
Briefly, its stand has been that the
Government has no authority 10 reStrlct
the use of its interstate physical prop
erty; and that to admit such authority
would be to admit certain legal naol-
tiles.
An opinion of the chief counsel Of
the Federal Radio Commission more or
less upheld the corporations legal
points stating that the Government
was now without authority and that
the matter was a subject Tor congress
sional action. The theory was advanced
by the company-and it is concurreo III
by some legal hghts-that II the Gov
eminent can require the hghung OF
wireless towers, it can force tall build
ines or housetops or hilltops to be light
ed by private property holders. More
over. such a restriction would limit the
common law right Of property holders
to the ownership and free use OF the
ground below and the air ABOVE tner
property.
Subject to Wave Grants.
On the other hand, it has been con-
tended that the Government could re-
ouire these towers and all others to be
lighted by making such lighting a con-
dition of the wave length grants that
can only be obtained from the Federal
authority. Public policy and the pao-
lection Of their own property have die
tated the voluntary lighting OF most
broadcaSting and other radio towers by
their owners. The same Is being done
with many tall buildings, like the Wool
worth Building here and towering struc-
lures in other cities.
It was purely public policy which led
to the decision of the Radio Corpora
ton of America after its hesitation
about lighting the New Brunswick
towers, long feared by air mail pilots,
who usually veer out of their courses
to avoid the towers and who have al
ways regarded them as especially dam
gerous fog hazards.
The Radio Corporation Of America,
In announcing its plans to light and