Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-21
BAR IS PUZZLED
OVER AIR LAW CODE
Recent Conference in Wash
Ington on Uniformity of Leg
lsIation Develops Conflicts.
apecial nisnatch 70 rhs STAR.

Special DISPATCH 10 Inc star.
NEW YORK, December 20.-The
national conference on air legislation,
held In Washington this week at the
call of Secretary of Commerce Lamont,
brought out sharply the fact that the
American Bar Association has made
national uniformity in air laws. 1t
revealed conflicts as between State and
Federal laws and a general lack Of ac-
cepted definitions upon which national
air code could be built.
Two delegates from each State, law
yers and aviation specialists, attended
the conference. A number OF these
delegates are stopping in New York,
en- route to their homes, comforting
with legal experts as to some possible
next step in the formulation of nation
ally uniform laws; It Is believed FUR
their progress will lie In the cooperation
Of State Legislatures rather than through
Federal legislation as, the delegates
agree, the problem involves primarily
the exercise of police power, which is
the function of the States.
Suggests Federal Licenses.
So far as Federal action is concerned,
the only recommendation of the con-
ference was that Federal licenses be re-
quired by all flyers, instead Of from
interstate flyers only, as at present.
The aviation industry has weathered
the business depression surprisingly well
and it is seeking the safety and sta
bility of q clearly defined legal code.
voluntarily working toward uniform
statute ssince 1920, there are still only
81 States which require Federal licenses
for any and all flying. In IL States
commercial flyers must have Federal
license In six States either q Federal
or State license Suf1ces. Six require
only State license.
To conflicting and inadequate regu-
lations is attributed q considerable
number Of accidents and fatalities, these
being much more frequent in non
scheduled flying. In this field Of avia-
ton during the first six months OF
1890, there were la fatal accidents In
100000 miles Of flying while in
scheduled flying there we're six fatal
accidents in 100000 miles.
Action by Bar Association.
At its annual meeting in Memphis,
Tenn, two years ago, the bar aSsocia-
ton empowered its Committeeon Aero
nautical Law to draft uniform code to
be submitted to the State Legislatures.
This seemed simple enough, but the sky
lawyers DCBdu W Iub oil POCAC6o WAAC1
they took up the constitutional SUBJ
tleties involved. Even at this late date
there is some doubt about just how far
into the heavens ground sovereignty
extends and to just what extent the
elementary police power of . subordi-
nate political unit may be nationally
codified. While the lawyers have been
puzzling over these matters, the States
have been passing legislation of their
own, some of them quite unmindful of
what the Federal Government might
or might not do. The result has been
delay and confusion.
Leading Authority Quoted.
It is possible that continued efforts
in this field viii be aided and guided by
the vast amount Of work done by the
University of Koenigsberg, under DR..
Otto Schrieber, leading European au-.
thority on aeronanticaI law. Dean
Sommers. of the New York University
School Of Law. has sounded the re-
search done by his European colleague
and has inaugurated studies in the uni
fcation of air law in this university.
Members of the bar associations special
committee are cooperating with him
and it is hoped that within two years
at the most. there win be prepared some
1mpregnable Foundation for q sound
legal structure.
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