THE RIGHT TO FLY-AND THE RIGHT OF PEOPLE B

TO NATIONS, STATES, AND CITIES, AS WELL AS

The purpose of this book, the first textbook on this subject, is to make available a complete review of the subject of Aerial Jurisprudence and give the status of aerial laws upon and regulations of aerial navigation, international, national and municipal, civil and military.

Aerial laws upon and regulations of aerial navigation are needed to govern aerial navigation internationally and nationally. A start has been made but it is only a modest start and the aerial code is still to be written. The international agreement for the regulation of international air navigation adopted recently by most of the Allied and Associated Powers serving on the Aeronautical Commission of the Peace Conference opens a very vast subject and every effort should be made to bring about an international agreement on every phase of this subject in the near future, to place aerial navigation under full control and avoid international complications.

It must not be forgotten that Germany stated as its official reason for declaring war against France that French aviators had committed hostile acts on German territory. letter handed by the German Ambassador

(See

Schoen to Mr. R

of foreign affairs, August 3rd, 1914, Aerial Laws.") under control this existed.

Freedom of the

Freedom of the cult to define as F When the earli Hugo Grotius, fiv the doctrine that "

sea-are common

for discussion of in tise De Jure Belli ing contribution, liberum, freedom doctrine of the in siders the subject idealist. Wars ha and maintain this With the lesson

to the doctrine of

to Freedom

onautic Confert was proposed all aviators, regate in

ifferent nations representatives ones to object. reduced to sims that the idea m to come, but was not in eviagree because in case of war ors might fight with the best of age and loss of - the battle.

give to foreign -ledged internaIl over the terrigive them undeage, and generghts of a State e which it con

territorial waters.

The argument was unanswerable and the proposal fell through.

Applying Wilson Principle of Freedom
of the Sea to the Air

The capture of the German Zeppelin 49 by
four French aviators during the war, who forced
the airship to descend from the height of 17,000
feet and to proceed and land at Bourbonne-
les-Bains, illustrated the possibility of captur-
ing aircraft exactly as ships are captured. This
opens the possibility of conflict due to capture
of neutral airships, unless the nations agree to
Wilson's freedom of the seas "point" which,
paraphrased to cover freedom of the air, would
read:

"Absolute freedom of navigation of the air, outside of territorial zones, alike in peace and in war, except as the air may be closed in whole or in part by international action for the enforcement of international covenants."

Three Miles Limit Inadequate in the Air

This brings up the matter of territorial air zones differing from territorial waters. The marine jurisdiction of a State extends three miles beyond the coast line, and no further.

Major R.

This photograph of a fast scouting aeroplane starting from the keel of a dirigible to which it was attached, shows one way of solving the problem of policing the air. Dirigibles carrying a number of fast scouts can be stationed at different levels and the air traffic can be directed from the dirigibles by radio-telephony. In the event of failure on the part of air pilots to obey instructions, an air scout is released whose duty will be to get the aircraft's number or to force the aircraft to descend to an official landing place for examination.

Face p. 3

to extend at least 25 miles from the coast and the height will have to be proportionate. But it is just as well to know that, no matter where the boundary line may be established, it will be as difficult to prevent violations as it will be to prevent smuggling.

Violations of Prohibition Act by Air

Supposing that an aeroplane arrives at the Atlantic City Airport. The aviator greets the people around him and remarks that he had a good trip from Boston and proceeds to unload his cargo on an automobile, which is soon on its way to deliver the cargo to its destination.

As a matter of fact he came from Cuba or Montreal and his cargo is alcoholic, therefore contraband and against the Prohibition Act.

Before long it becomes known that aircraft are used to transport alcoholic beverages from Cuba, Canada, or other places, to the United States and some action must be taken to prevent it.

This means patrolling the air as well as controlling aeroplanes and aviators by Federal restriction and licensing, inspecting the cargo and giving them clearance papers as in the case with ships. Patrolling the air is easier said than done.

Supposing that a ship could dive or rise and

forces could not p illustrates the diffi

gation.

During the war tening stations we a few miles and th were ready to pou spot in the sky an tended to prevent passing.

The anti-aircraf dreds of fighting a

sky day and nigh destroy a raiding were taken in the a who survived an Must we do thi

How Are We Goi

000 Feet A Mi

Since the endin has been made in a

The altitude rec feet and the Atlan six weeks by the g airmen. The Alp and even the lowe been crossed!