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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

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