flying machines-第25章
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Companies; with large capitalization; to engage in the
exclusive production of airships are being organized in
many parts of the world。 One notable instance of this
nature is worth quoting as illustrative of the manner
in which the production of flying machines is being
commercialized。 This is the formation at Frankfort;
Germany; of the Flugmaschine Wright; G。 m。 b。 H。; with
a capital of 119;000; the Krupps; of Essen; being interested。
Prices at Which Machines Sell。
This wonderful demand from the public has come
notwithstanding the fact that the machines; owing to lack
of facilities for wholesale production; are far from being
cheap。 Such definite quotations as are made are
on the following basis:
Santos DumontList price 1;000; but owing to the
rush of orders agents are readily getting from 1;300 to
1;500。 This is the smallest machine made。
BleriotList price 2;500。 This is for the cross…
channel type; with Anzani motor。
AntoinetteList price from 4;000 to 5;000; according
to size。
WrightList price 5;600。
CurtissList price 5;000。
There is; however; no stability in prices as purchasers
are almost invariably ready to pay a considerable premium
to facilitate delivery。
The motor is the most expensive part of the flying
machine。 Motor prices range from 500 to 2;000; this
latter amount being asked for the Curtiss engine。
Systematic Instruction of Amateurs。
In addition to the production of flying machines many
of the experienced aviators are making a business of
the instruction of amateurs。 Curtiss and the Wrights
in this country have a number of pupils; as have also
the prominent foreigners。 Schools of instruction are
being opened in various parts of the world; not alone as
private money…making ventures; but in connection with
public educational institutions。 One of these latter is
to be found at the University of Barcelona; Spain。
The flying machine agent; the man who handles the
machines on a commission; has also become a known
quantity; and will soon be as numerous as his brother
of the automobile。 The sign 〃John Bird; agent for
Skimmer's Flying Machine;〃 is no longer a curiosity。
Yes; the Airship Is Here。
From all of which we may well infer that the flying
machine in practical form has arrived; and that it is
here to stay。 It is no exaggeration to say that the time
is close at hand when people will keep flying machines
just as they now keep automobiles; and that pleasure
jaunts will be fully as numerous and popular。 With
the important item of practicability fully demonstrated;
〃Come; take a trip in my airship;〃 will have more real
significance than now attaches to the vapid warblings
of the vaudeville vocalist。
As a further evidence that the airship is really here;
and that its presence is recognized in a business way;
the action of life and accident insurance companies is
interesting。 Some of them are reconstructing their policies
so as to include a special waiver of insurance by
aviators。 Anything which compels these great corporations
to modify their policies cannot be looked upon as
a mere curiosity or toy。
It is some consolation to know that the movement in
this direction is not thus far widespread。 Moreover it
is more than probable that the competition for business
will eventually induce the companies to act more
liberally toward aviators; especially as the art of aviation
advances。
CHAPTER XIX。
LAW OF THE AIRSHIP。
Successful aviation has evoked some peculiar things
in the way of legal action and interpretation of the law。
It is well understood that a man's property cannot
be used without his consent。 This is an old established
principle in common law which holds good today。
The limits of a man's property lines; however; have
not been so well understood by laymen。 According to
eminent legal authorities such as Blackstone; Littleton
and Coke; the 〃fathers of the law;〃 the owner of realty
also holds title above and below the surface; and this
theory is generally accepted without question by the
courts。
Rights of Property Owners。
In other words the owner of realty also owns the sky
above it without limit as to distance。 He can dig as
deep into his land; or go as high into the air as he desires;
provided he does not trespass upon or injure similar
rights of others。
The owner of realty may resist by force; all other
means having failed; any trespass upon; or invasion of
his property。 Other people; for instance; may not enter
upon it; or over or under it; without his express permission
and consent。 There is only one exception; and
this is in the case of public utility corporations such as
railways which; under the law of eminent domain; may
condemn a right of way across the property of an obstinate owner
who declines to accept a fair price for the
privilege。
Privilege Sharply Confined。
The law of eminent domain may be taken advantage
of only by corporations which are engaged in serving
the public。 It is based upon the principle that the
advancement and improvement of a community is of more
importance and carries with it more rights than the
interests of the individual owner。 But even in cases where
the right of eminent domain is exercised there can be no
confiscation of the individual's property。
Exercising the right of eminent domain is merely
obtaining by public purchase what is held to be essential
to the public good; and which cannot be secured by private
purchase。 When eminent domain proceedings are
resorted to the court appoints appraisers who determine
upon the value of the property wanted; and this value
(in money) is paid to the owner。
How It Affects Aviation。
It should be kept in mind that this privilege of the
〃right of eminent domain〃 is accorded only to corporations
which are engaged in serving the public。 Individuals
cannot take advantage of it。 Thus far all aviation
has been conducted by individuals; there are no flying
machine or airship corporations regularly engaged in the
transportation of passengers; mails or freight。
This leads up to the question 〃What would happen if
realty owners generally; or in any considerable numbers。
should prohibit the navigation of the air above their
holdings?〃 It is idle to say such a possibility is ridiculous
it is already an actuality in a few individual instances。
One property owner in New Jersey; a justice of the
peace; maintains a large sign on the roof of his house
warning aviators that they must not trespass upon his
domain。 That he is acting well within his rights in doing
this is conceded by legal authorities。
Hard to Catch Offenders。
But; suppose the alleged trespass is committed; what
is the property owner going to do about it? He must
first catch the trespasser and this would be a pretty hard
job。 He certainly could not overtake him; unless he
kept a racing aeroplane for this special purpose。 It
would be equally difficult to indentify the offender after
the offense had been committed; even if he were located;
as aeroplanes carry no license numbers。
Allowing that the offender should be caught the only
recourse of the realty owner is an action for damages。
He may prevent the commission of the offense by force
if necessary; but after it is committed he can only sue
for damages。 And in doing this he would have a lot of
trouble。
Points to Be Proven。
One of the first things the plaintiff would be called
upon to prove would be the elevation of the machine。
If it were reasonably close to the ground there would;
of course; be grave risk of damage to fences; shrubbery;
and other property; and the court would be justified in
holding it to be a nuisance that should be suppressed。
If; on the other hand; the machine was well up in the
air; but going slowly; or hov