l(iumHUHiiniai!iitiiiimmmii!iuiiiilililHfiflaSfttutiHiWPW^ 
 
 11 , iiMtu'>\^MMPUMiiTiritnrM'.''v,,jiTMiiMMi\Mmw^TOTi!^m'1lM\Hlluu*Hi)vM(iKMiin'M"iunuM(n^ 
 
 ^3!i!}£'i!!!MMHf''-^' ■ ■'''■"'^^''■' 
 
 |iaii>ll|ii!ij i:ii 111 ! i 
 
 !,w<i«^iriiiTiifi(fliffi!iiiiiii!|i,!iijiii!i.,iiii,ii,i .h ilii ii iii dii , 1 1 
 
 
 \M 
 
 Ii 
 
 I 
 
 il 
 
 %. 
 
 ■ It' 
 
K 
 WW 
 
 Cornell University Law Library. 
 
 THE GIFT OF 
 
 ^. /^<^-^:^- 
 
 Date. 
 
 /^.r.Z/-^'^ 
 
 9181 
 
Cornell University Library 
 K 4100.W88 1920 
 
 Textbook of ^!(;|I,!B|||||H^ 
 3 1924 021 978 782 
 
\fA 
 
 Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924021978782 
 
TEXTBOOK 
 
 OF 
 
 AERIAL LAWS 
 
p, ^ Vi -^ 
 
 O jj 4) — 
 
 =« s; g ? 
 § '^fi 
 
 - -c .E H 
 !« t: 
 
 3 o 
 iao p: 
 
 'i!^ 
 
 5E 
 
 TT 
 
 •^ 
 
 -= 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ««-i 
 
 t. 
 
 '- 
 
 -r 
 
 ■* , 
 
 
 
 
 
 
 
 
 
 c: 
 
 tf 
 
 r' 
 
 — 
 
 
 
 
 
 
 
 
 z 
 
 ^' 
 
 
 
 ^ 
 
 o 
 
 2 
 
 r^' 
 
 
 
 Z 
 
 -^ 
 
 ■{;;; 
 
 o 
 
 = 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 '^ 
 
 
 
 
 fi- 
 
 
 
 C 
 
 y: 
 
 be 
 
 
 
 
 
 
 O 
 
 i- 
 
 
 -il 
 
 
 
 
 ^ 
 
 T 
 
 C! 
 
 «*- 
 
 ;i_ 
 
 ^J 
 
 y. 
 
 ' 
 
 Tl 
 
 - 
 
 
 = 
 
 
 y. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 it 
 
 ~ 
 
 ■j: 
 
 .^ 
 
 •= 
 
 :i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 r 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 " 
 
 .- 
 
 c" 
 
 C 
 
 :: 
 
 ^ 
 
 c 
 
 .-t: 
 
 ~ 
 
 
 c 
 
 s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 '■*z 
 
 
 '— 
 
 — 
 
 "^ 
 
 5 «^ ^ = -S 
 
TEXTBOOK 
 OF AERIAL LAWS 
 
 AND 
 
 REGULATIONS FOR AERIAL NAVIGATION, 
 
 INTERNATIONAL, NATIONAL AND 
 
 MUNICIPAL, CIVIL AND MILITARY 
 
 BY 
 
 HENRY WOODHOUSE 
 
 AtTTHOR OF "textbook OF MILITARY AERONAUTICS," "TEXTBOOK OF NAVAL AERONAUTICS,'' 
 
 "the aero BLUE book"; EDITOR OF "flYING" AND "aERIAL AGE WEEKLY," ETC.; 
 
 VICE-PRESIDENT OF AERIAL LEAGUE OF AMERICA, MEMBER BOARD OF 
 
 GOVERNORS AERO CLUB OF AMERICA, ETC. 
 
 ADVISORY EDITORS 
 
 EDWARD STAFFORD 
 
 Formerly Captain 74th Artillery (C. A. C), 
 A. E. F., Member of the District of Colum- 
 bia Bar 
 
 yv. W. MILLER 
 
 Chairman Law Committee Aero Club op 
 America 
 
 Major WILLLAM A. SCULLY, U.S.A. 
 
 Member Juridical Committee Aerial League 
 of America 
 
 Lieut. RALPH KIELY, U.S.N. 
 
 Secretary to the American Aeronautic Del- 
 egation OF the Peace Conference 
 
 Hon. MURRAY HULBERT 
 
 Chairman Juridical Committee Aero 
 OF America 
 
 Club 
 
 THOMAS F. POWERS 
 
 New Youk Bar, Member Juridical Committee 
 Aero Club of America 
 
 BERNARD H. SANDLER 
 
 Member of the Law Committee Aero Club of 
 America, Member New York Bar 
 
 FREDERICK H, ALLEN 
 
 Member op the Bar op New York 
 
 NEW YORK 
 FREDERICK A. STOKES COMPANY 
 
 PUBLISHERS 
 
Copyright, 19S0, hy 
 Fhederick a. Stokes CoMPAinr 
 
 A II Bights Reserved 
 
CONTENTS 
 
 PAGE 
 
 The Right to Fly — And the Right of People 
 
 Below, as It Applies to Nations, States, 
 
 ANp Cities, as Well as to Individuals . 1 
 
 Freedom of the Air and Freedom of the Seas ... 1 
 
 Why Great Britain Objected to Freedom of the Air . 2 
 Applying President Wilson Principle of Freedom of 
 
 the Sea to the Air 2 
 
 Three Miles Limit Inadequate in the Air ... 2 
 
 Violations of Prohibition Act by Air 3 
 
 How Are We Going to Rule Birdmen at 30,000 Feet 
 
 Altitude, Flying at 300 Miles an Hour? ... 3 
 How Speed of Planes Doubles in the Rarefied Air of 
 
 High Altitudes 4 
 
 Aeroplanes Capable of Flying Four Thousand Miles 
 
 Without Stopping 5 
 
 Enforcing International Aerial Laws .... 5 
 
 Aerial Prize Laws.' 5 
 
 Aerial Salvage Laws? 6 
 
 Aerial Stowaways 6 
 
 Does the Constitution Give Federal Courts Jurisdiction 
 
 Over the Air as It Does over All Navigable Waters? 6 
 
 The Individual's Right to Fly 7 
 
 Federal and State Registration 7 
 
 International Laws and Regulations for Air 
 
 Navigation 9 
 
 How the International Aeronautic Federation Rules 
 
 Airmen 9 
 
 Pioneer Authorities on International Aerial Laws . . 9 
 Evolution of International Aerial Laws . . . . 10 
 Franco-German Agreement as to the Admission of 
 German Aircraft to France and French Aircraft to 
 Germany (1913) 11 
 
 International Convention for the Regula- 
 tion of International Air Navigation 
 Agreed by the Representatives of the 
 Allied and Associated Powers . . .13 
 
 Chapter I — General Principles 14 
 
 Chapter II — Nationality of Aircraft 14 
 
 Chapter III — Certificates of Airworthiness and Com- 
 petency . 15 
 
 Chapter IV — Admission to Air Navigation Above For- 
 eign Territory 15 
 
 Chapter V — Rules to Be Observed on Departure, on 
 
 Landing, and When Under Way 16 
 
 Chapter VI— Prohibited Transport 17 
 
 Chapter VII— State Aircraft 18 
 
 Chapter VIII — International Commission for Air Navi- 
 gation 18 
 
 Chapter IX — Final Provisions 19 
 
 Annex A — The Marking of Aircraft 21 
 
 Annex B — Certificates of Airworthiness .... 23 
 
 Annex C — Log BooIjs 23 
 
 Annex D — Rules of the Air — Rules as to Lights and 
 Signals 24-25 
 
 PACE 
 
 Preventing Collisions with Surface Craft— Rules as to 
 
 Signals ... 27 
 
 Rules of the Air 28 
 
 Ballast 30 
 
 Rules for Air Traffic on and in the Vicinity of Aero- 
 dromes 30 
 
 Aerodrome Rules for Taking Off and Landing . . 30 
 
 Night Landings 31 
 
 Lighting for Aerodromes 31 
 
 General 31 
 
 Annex E — Minimum Qualifications for Obtaining Cer- 
 tificates as Pilots and Navigators 32 
 
 Medical Certificates 36 
 
 Annex F — International Aeronautical Maps and Ground 
 
 Markings 37 
 
 Annex G — Collection and Dissemination of Meteorologi- 
 cal Information 40 
 
 Appendix I — Regular Reports 41 
 
 Appendix II — Special Reports 42 
 
 Appendix 111 — Forecasts * 42 
 
 Appendix IV — General Form in Which Reports Are to 
 
 Be Rendered and Codes for Their Transmission . 43 
 
 Annex H — Customs 47 
 
 General Provisions 47 
 
 Regulations Applicable to Aircraft and Goods . 48 
 
 Air Transit 49 
 
 Various Provisions 49 
 
 Annex VI — Reservations Formulated by the United 
 
 States Delegation 50 
 
 Revised General Principles of the Interna- 
 tional Aerial Convention, as Adopted 
 
 October 13, 1919 51 
 
 Chapter I— General Principles 61 
 
 Chapter II — Nationality of Aircraft 51 
 
 Chapter 111 — Certificates of Airworthiness and Com- 
 petency 52 
 
 Chapter IV — Admission to Air Navigation Over For- 
 eign Territory 52 
 
 Chapter V — Rules to be Observed on Departure, When 
 
 Under Way and on Landing 52 
 
 Chapter VI— Prohibited Transport ... .52 
 
 Chapter VII— State Aircraft 52 
 
 Chapter VIII — International Commission for Air Navi- 
 gation 53 
 
 Chapter IX — Final Provisions 53 
 
 National and Municipal Aerial Laws and 
 
 Regulations for Aerial Navigation . . 54 
 
 Evolution of British Aerial Navigation Laws ... 54 
 
 Penalties for Offences 541 
 
 Power to Compel Compliance When Aircraft Disobeys 
 
 Signals 55 
 
 British Air Navigation Regulations, 1919 ... 55 
 
 General Conditions of Flying 55 
 
 Additional Conditions in Certain Cases .... 66 
 
 Reference to Schedule 5g 
 
VI 
 
 CONTENTS 
 
 PAGE 
 
 Aerodromes 57 
 
 General Safety Provisions . . .57 
 
 Production of Licenses, Certificates and Log-Books for 
 
 Inspection 58 
 
 Riglit of Inspection of and Access to Aerodromes and 
 
 Factories 58 
 
 Exceptions 58 
 
 Foreign Aircraft ... 58 
 
 Penalties . . 59 
 
 Power to Cancel or Suspend Licenses and Certificates . 59 
 
 Interpretation 60 
 
 Saving .... 60 
 
 Short Title 60 
 
 Schedule I — Registration of Aircraft .... 60 
 
 Air Navigation Directions 1 61 
 
 Air Navigation Acts, 1911-1919 61 
 
 Directions 61 
 
 I — Registration of Aircraft 61 
 
 Schedule II 61 
 
 Licensing of Personnel 61 
 
 Licensing Authority 61 
 
 Pilots 61 
 
 Navigators 61 
 
 Engineers 61 
 
 Other Persons 62 
 
 General 62 
 
 II — Licensing of Personnel 62 
 
 Medical Requirements 62 
 
 Flying Certificates 63 
 
 "A" Private Pilot's Flying Certificate .... 63 
 "B" Pilot's Flying Certificate for Flying Passenger or 
 
 Goods Aircraft 64i 
 
 (a) Flying Machines 64 
 
 (b) Engines Qi 
 
 (c) Navigation 65 
 
 Remarks 65 
 
 (a) Practical Astronomy 65 
 
 (b) Navigation 65 
 
 (c) General Knowledge ' 65 
 
 I — Rules as to Lights and Signals .... 65 
 
 II— Rules of the Air 68 
 
 (a) General Rules of the Air 68 
 
 (b) Regulations for Air Traffic on and in the Vicinity 
 
 of Licensed Aerodromes 69 
 
 (c) Miscellaneous 71 
 
 Schedule VIII — Rules as to Aircraft Arriving in or De- 
 parting from the United Kingdom — Preliminary . 72 
 
 Arrival at and Departure from Appointed Aero- 
 dromes 72 
 
 Importation, Entry, and Unloading of Goods . . 7-i 
 
 Exportation of Goods 74 
 
 General Provisions 75 
 
 Air Navigation Directions 76 
 
 I — Registration of Aircraft 76 
 
 II — Licensing of Personnel 76 
 
 Medical Requirements 76 
 
 Flying Certificates 77 
 
 (1) Practical Tests 77 
 
 Technical Examination 78 
 
 III — Certificates of Airworthiness 80 
 
 Type Aircraft 80 
 
 Subsequent Aircraft 81 
 
 Method of Approval of Workmanship and Materials . 82 
 IV — Persons Competent to Undertake Periodical In- 
 spection and Overhaul and Examination Before Each 
 
 Flight of Aircraft 83 
 
 V— Instructions for use of Log Books. I— Journey 
 Log; II— Aircraft Log; III— Engine Log; IV— Sig- 
 nal Log 85 
 
 VI — R A F Aerodromes and Seaplane Stations . . 86 
 
 A — Accommodation 86 
 
 B — Landing Fees 87 
 
 Seaplane Station . . 88 
 
 yil — Licensed Aerodromes . . ... 88 
 
 Proposed Fedeeal Air Laws and Regulations 
 
 FOR Aiit Traffic in the United States . 89 
 Proposed Law Governing Aerial Navigation in the 
 United States and Its Dependencies and Between the 
 
 United States and Foreign Countries .... 89 
 
 Aerial Smuggling .91 
 
 British Parliament and the Aerially Smuggled Dogs . 91 
 When Aeroplanes Are Used to Carry Liquor . . 92 
 Aircraft Can Drop Contraband by Jleans of Para- 
 chutes 93 
 
 Aircraft Can Relay Contraband to and from Ships . 93 
 
 Salvage of Wrecked Aircraft Awards.? . . 94 
 
 State (U. S.) Aerial Laws 95 
 
 New York Pioneer in State Registration of Aircraft . 95 
 JIassachusetts Act to Regulate the Use of Aircraft . 95 
 Regulations for Flying Over Cities ... 98 
 Regulations for Flying Over Paris and London . . 98 
 How Atlantic City Curbed Reckless Flying ... 99 
 How Will You Find Out Who Dropped the Monkey- 
 wrench on Your Roof? 99 
 
 Shall Aircraft in Distress Throw Cargo Overboard? . 100 
 When Messrs. Forbes and Post Dropped 3000 Feet and 
 Went Through the Roof of a House . . . .100 
 
 Difficulty of Enforcing Aerial Laws 101 
 
 Difficulty of Seeing Aeroplane Numbers if Planes Fly 
 
 High Enough to Comply with the Law . . .101 
 
 The Airman Will Have to Tell His Number ! . . 102 
 Establishing One- Way Air Street and Altitude "Levels" 
 
 Will Solve Most Difficult Problems of .\ir Traffic . 103 
 Rules of the Air and Regulations for Preventing Col- 
 lisions 204 
 
 Flying Boats and Hydroaeroplanes Are Subject to 
 
 Steamboat Inspection Regulations 105 
 
 Right of Action by Private Landowners Against Air- 
 men for Damage to Person or Property, Trespass 
 
 and Nuisance . . 105 
 
 Insurance of Person and Property from Aircraft Dam- 
 age in War and Peace 107 
 
 Nature of Risks Covered 107 
 
 Co-operation of Insurance Companies .... 108 
 
 Premium Rates IQS 
 
 Existing Policies Unaffected 109 
 
 A Damaged Church m 
 
 Aircraft Damage in United States HI 
 
 Aerial Laws mhich Conflict with the Con- 
 stitution OF THE United States . . . 112 
 Constitution of the United States 112 
 
 Causes of Aircraft Accidents 124 
 
 Military Aerlal Laws .... 
 AVhen Air Scouts AVere Considered as Spies 
 
 131 
 132 
 
CONTENTS 
 
 vii 
 
 Evolution of the Aerial War Code 
 
 PAGE 
 
 134 
 
 Creation of Forbidden Zones 136 
 
 Russia's Forbidden Zones 136 
 
 Austria's Forbidden Zones 136 
 
 British Aerial Navigation Act Creating Forbidden 
 
 Zones 136 
 
 United States War Restrictions on Civilian Flying . 141 
 
 Germany's Declaration of War on France 
 Based on Alleged Bombing of German 
 Territory 143 
 
 International Law Acknowledged on Decla- 
 ration of War 146 
 
 International Law of Bombardment and 
 
 THE World War 149 
 
 Aerial Violations of Neutrality During the 
 
 World War 150 
 
 International Law of Reprisals and the 
 
 World War 153 
 
 The Vatican and Air Raids 154 
 
 PAGE 
 
 Air Clauses of the Peace Treaty .... 157 
 
 Inter- Allied Commissions of Control 158 
 
 Part VIII— Reparation 158 
 
 Part XI — Aerial Navigation. . . , . . .159 
 
 Aerial Prize Court Needed 160 
 
 Aviators' Part in Destruction of the "Breslau'' . .160 
 Bounty Awarded for Destruction of U. B. 30 by Avia- 
 tors 161 
 
 Hovi' the L-49 Was Captured 161 
 
 Sale of Aircraft to Warring Nations by Manufacturers 
 of Neutral Nations 163 
 
 England-Holland Flying Convention 
 British Aerial Transport Committee . 
 
 165 
 166 
 
 DiSaUALIFICATION BY A NATIONAL ClUB EX- 
 CLUDES Disqualified Organization or 
 PiLOT from Participation in Contests 
 
 Throughout the World 167 
 
 How the Aero Club of America Issues Pilot Certificates 
 
 in United States 167 
 
 How Aerial Contests and Records Have Been Con- 
 trolled Since 1905 . . . . .167 
 French Court's Decision Recognizing Aero Club of 
 France's Authority to Disqualify Another Club . 167 
 
TEXTBOOK OF AERIAL LAWS 
 CIVIL AND MILITARY 
 
 PREFACE 
 
 THE RIGHT TO FLY— AND THE RIGHT OF PEOPLE BELOW, AS IT APPLIES 
 TO NATIONS, STATES, AND CITIES, AS WELL AS TO INDIVIDUALS 
 
 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 regu- 
 lations of aerial navigation, international, na- 
 tional and municipal, civil and military. 
 
 Aerial laws upon and regulations of aerial 
 navigation are needed to govern aerial naviga- 
 tion 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 interna- 
 tional agreement for the regulation of interna- 
 tional air navigation adopted recently by most 
 of the Alhed and Associated Powers serving on 
 the Aeronautical Commission of the Peace Con- 
 ference opens a very vast subject and every ef- 
 fort should be made to bring about an interna- 
 tional agreement on every phase of this subject 
 in the near future, to place aerial navigation un- 
 der full control and avoid international compli- 
 cations. 
 
 It must not be forgotten that Germany 
 stated as its official reason for declaring war 
 against France that French aviators had com- 
 mitted hostile acts on German territory. ( See 
 letter handed by the German Ambassador 
 
 Schoen to Mr. Rene Viviani, French minister 
 of foreign affairs, during his farewell audience, 
 August 3rd, 1914, in Chapter entitled "Military 
 Aerial Laws.") Had aerial navigation been 
 under control this casus belli would not have 
 existed. 
 
 Freedom of the Air and Freedom of the 
 Seas 
 
 Freedom of the Air promises to be as diffi- 
 cult to define as Freedom of the Sea. 
 
 When the earliest of international jurists, 
 Hugo Grotius, five centuries ago, propounded 
 the doctrine that "The air, running water, the 
 sea — are common to all," he established a basis 
 for discussion of international laws. His trea- 
 tise De Jure Belli ac Pads was an epoch mak- 
 ing contribution, and his doctrine of mare 
 liherum, freedom of the seas, is still the ideal 
 doctrine of the international jurist who con- 
 siders the subject from the standpoint of the 
 idealist. Wars have been waged to establish 
 and maintain this doctrine. 
 
 With the lessons of five centuries in regard 
 to the doctrine of the freedom of the seas be- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 fore us, it would seem that there ought not to 
 be much difficulty to establish the doctrine of 
 freedom of the air. But the problems of aerial 
 navigation are different and much more com- 
 plicated than sea navigation. 
 
 The aircraft may be said to have an open 
 road in every direction of the compass, at every 
 hundred feet — up heavenward indefinitely. 
 The aeroplane altitude record is close to 40,000 
 feet and the limit has not been reached. 
 
 Why Great Britain Objected to Freedom 
 of the Air 
 
 When the International Aeronautic Confer- 
 ence was held in Paris in 1910, it was proposed 
 that the air should be free to all aviators, re- 
 gardless of nationality, to navigate in 
 
 The representatives of the different nations 
 thoroughly liked the idea. The representatives 
 of Great Britain were the only ones to object. 
 Stripped of official verbosity and reduced to sim- 
 ple phrases their argument was that the idea 
 was beautiful for the millennium to come, but 
 that so long as the millennium was not in evi- 
 dence Great Britain could not agree because 
 freedom of the air meant that in case of war 
 between two nations the aviators might fight 
 their duels over London, and, with the best of 
 intentions, cause as much damage and loss of 
 life as if England were fighting the battle. 
 
 Besides, they pointed out, to give to foreign 
 aircraft, as a matter of acknowledged interna- 
 tional law, the right to fly at will over the terri- 
 tory of the State would be to give them unde- 
 sirable opportunities for espionage, and gener- 
 ally to limit "the elementary rights of a State 
 to take each and every measure which it con- 
 
 siders necessary for self-preservation." In 
 time of war, moreover, the doctrine of the "free- 
 dom of the air" above a certain altitude would 
 give rise to most embarrassing questions for 
 neutral States. They would actually be ex- 
 posed to the risk of having aerial battles fought 
 over their territoiy without being able to claim 
 that their neutrality had been infringed. The 
 case of the upper air presents no true analogy 
 to the case of the high seas outside the limits of 
 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 inter- 
 national 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. 
 
 Notes 
 
How Are We Going to Police the Airways at 40,000 Feet? 
 
 fi»M* «**(» 
 
 M"**^ 
 
 Major R. W. Schroeder starting for the altitude record of 31,000 feet, with a Le Pere biplane equipped with a motor com- 
 pressor for flying at high altitudes. 
 
 One of the New York 
 Aerial Police aeroplanes. 
 New York was the first 
 city to organize an aerial 
 police, with Colonel Jef- 
 ferson De Mont Thom])- 
 son as chief and Major 
 Granville A. Pollock as 
 commanding oilicer. 
 
 Face p. 2 
 
WjS/ ><i--><i 
 
 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 wiU be 
 to get the aircraft's number or to force the aircraft to 
 descend to an official landing place for examination. 
 
 One of the balloon "aprons," or nets, which were suspended 
 at great heights in England as an obstacle to German air 
 raiders. It was effective to some extent. 
 
 If the barrage of hundreds of anti-aircraft guns could not prevent night aerial raids — how can aerial smuggling be prevented? 
 
 Face p. 3 
 
TEXTBOOK OF AERIAL LAWS 
 
 Keeping the aircraft three miles out will not 
 prevent a spy from taking photographs of coast 
 and fortresses. At a height of 5,000 feet or 
 more his camera would have a field of at least 
 six miles and the aircraft is within gliding range 
 of the coast, aeroplanes having a gliding angle 
 of six to one. 
 
 Obviously the territorial air zones will have 
 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 difiicult 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 pre- 
 vent it.' 
 
 This means patrolling the air as well as con- 
 trolling aeroplanes and aviators by Federal re- 
 striction 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 
 
 disappear from sight under water or in a screen 
 of clouds — policing the sea would certainly be 
 most difficult. 
 
 The fact that during the war all the Ger- 
 man aerial and anti-aircraft forces could not pre- 
 vent the Allied aviators from bombing German 
 military and naval bases; and the very power- 
 ful British and French aerial and anti-aircraft 
 forces could not prevent the enemy operations, 
 illustrates the diflScult of regulating aerial navi- 
 gation. 
 
 During the war no chance was taken. Lis- 
 tening stations were established at intervals of 
 a few miles and thousands of anti-aircraft guns 
 were ready to pour their deadly fire at a given 
 spot in the sky and form an aerial barrage in- 
 tended to prevent the raiding aeroplane from 
 passing. 
 
 The anti-aircraft guns were assisted by hun- 
 dreds of fighting aeroplanes which patrolled the 
 sky day and night, ever ready to attack and 
 destroy a raiding aeroplane. No prisoners 
 were taken in the air and the percentage of those 
 who survived an aerial battle was small. 
 
 Must we do this in peace time? 
 
 How Are We Going to Rule Birdmen at 30,- 
 
 000 Feet Altitude, Flying at 300 
 
 Miles an Hour? 
 
 Since the ending of the war great progress 
 has been made in aerial navigation. 
 
 The altitude record was carried to over 30,000 
 feet and the Atlantic was flown three times in 
 six weeks by the gallant American and British 
 airmen. The Alps, the Andes, the Great Atlas 
 and even the lower Himalaya mountains have 
 been crossed ! 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 The Sahara desert was conquered by aero- 
 planes during the war and now regular aerial 
 mail lines are being run across the desert by the 
 French government. 
 
 Greater achievements are expected. Flying 
 at heights of 50,000 feet is possible now through 
 the application of the "supercharger," evolved 
 for the United States Army during the war by 
 E. H. Sherbondy, the engineer and wizard who 
 solved the difficult problem of making a turbine 
 revolving at 30,000 revolutions a minute and 
 produced the metal that can stand the heat cre- 
 ated by the great speed. 
 
 The mission of this revolutionary device was 
 to make it possible for military aeroplanes to 
 fly above the heights reached by the enemy aero- 
 planes and above the barrage of enemy anti- 
 aircraft guns and conduct raids back of the 
 enemy, on the enemy bases, destroy its bridges, 
 and railways and in other ways striking at the 
 enemy. 
 
 This could not be done with the aeroplanes 
 equipped with the motors alone, because the mo- 
 tors were affected by the rarefied air to be met 
 at altitudes of over 20,000 feet. 
 
 When the plane reached that altitude the 
 motor lost so much power that it was impos- 
 sible to go any higher and the machine had, 
 therefore, attained what is technically termed 
 its "ceiling." The Sherbondy supercharger 
 solved the problem by maintaining constant in- 
 duction pressure in the engine regardless of the 
 altitude and, thereby, preventing the reduction 
 of power due to rarefied air. The Sherbondy 
 supercharger is, in fact, a gas turbine, therefore 
 most revolutionary as a mechanical device, and 
 a marvelous achievement in the field of me- 
 
 chanics, regardless of its revolutionary appli- 
 cation to solve the problem of flying at high 
 altitudes. 
 
 When the apparatus is connected to an aero- 
 plane motor it is operated by the exhaust gases 
 of the motor which are led to the turbine by 
 specially designed manifolds. 
 
 The aeroplane equipped with the turbo com- 
 pressor is supposed to be capable of flying as 
 high as the supply of gasoline and the physical 
 capacity of the pilot permit it to go. 
 
 From the experiences of the aviators who 
 have flown to heights of over 30,000 feet, we can 
 deduct that so far as the aviator is concerned, 
 provided he is supplied with an oxygen mask 
 to enable him to inhale oxygen to make up for 
 the lack of it at high altitudes, he seems to be 
 able to go up to heights of 50,000 feet. 
 
 Machines are available that can carry fuel 
 needed to go up to 50,000 feet or over. 
 
 How Speed of Planes Doubles in the 
 Rarefied Air of High Altitudes 
 
 A startling result of using the supercharger 
 is that owing to the rarefied air, there is so much 
 less air resistance at high altitudes that the plane 
 goes twice as fast with the same horse-power! 
 
 Therefore, the supercharger not only permits 
 the aviator to go up to great heights but, hav- 
 ing reached these heights, his aeroplane goes 
 about twice as fast because of lack of head re- 
 sistance. Therefore, any of the numerous aero- 
 planes which are now capable of making a speed 
 of 150 miles per hour and over will make a 
 speed of 300 miles per hour at a height of 30,000 
 feet! 
 
 This is only one of the startling new develop- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 ments in aeronautics which we must bear in 
 mind when considering possible laws and regu- 
 lations for aerial navigation and air traffic. 
 
 Aeroplanes Capable of Flying 4,000 
 Miles Without Stopping 
 
 Recent developments also make it possible to 
 construct aeroplanes capable of flying 4,000 
 miles, or going from Chicago to Paris, without 
 stopping! 
 
 The Vickers "Vimy" used by Captain Alcock 
 and Lieutenant Brown in their transatlantic 
 flight, which was accomplished in 16 hours, was 
 a military machine and may be considered as a 
 "back number" from the standpoint of what 
 can be done today in the construction of aero- 
 planes. 
 
 The construction of aeroplanes for commer- 
 cial transportation across the Atlantic, capable 
 of hfting from fifty to one hundred tons and to 
 carry from seventy-five to one hundred passen- 
 gers on transatlantic flights, is possible today. 
 
 Through the employment of veneer and hol- 
 low struts and other parts of the aeroplanes the 
 weight of construction of planes can be reduced 
 by ten to twenty per cent and thereby increase 
 the percentage of useful load which an aero- 
 plane can lift accordingly. At present sixty per 
 cent of the total lifting power of the aeroplane 
 is spent in lifting the aeroplane itself, leaving 
 only forty per cent for useful load. 
 
 By applying up-to-date engineering methods 
 and employing plywood and hollow struts, it is 
 possible to construct aeroplanes much stronger 
 than they are today but weighing twenty per 
 cent less. Five per cent additional useful load 
 can be carried in addition by increasing the effi- 
 
 ciency of wing curves so that the wings will 
 lift fourteen pounds per square foot. The addi- 
 tion of twenty-five per cent to the useful load 
 of a large aeroplane will make the plane an 
 economic vehicle for the transportation of pas- 
 sengers, mail and express matter. 
 
 There are aeroplanes today that can easily 
 fly between the Maine coast and the Irish coast 
 — and a contraband business could be conducted 
 between the two coasts with less danger and risk 
 of detection than can be conducted by the use 
 of boats. 
 
 Enforcing International Aerial Laws 
 
 International law, while being a true law, has 
 not been enforcible because there has not been 
 power back of it to enforce its decisions. The 
 Peace Treaty, by creating legal rights for Al- 
 lied airmen to fly across and over and land on 
 the territory of the Central Powers, has created 
 a relative duty on the part of the Allies and 
 Associated Powers to protect these rights and, 
 accepting the assumption that it is the intention 
 of the powers to protect these legal rights, we 
 find that the international aerial laws adopted 
 by the Peace Conference are positive laws. In- 
 ternational laws are enforced between nation 
 and nation through diplomatic negotiations, ar- 
 bitration and, as a last resort, by force of arms. 
 
 It is time that we decide the extent to which 
 present maritime, civil and criminal laws can be 
 applied to aeronautic cases. 
 
 Aerial Prize Laws? 
 
 If the prize law is applicable in the air, then 
 the French aviators who captured the L-49 Zep- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 pelin are entitled to part of the $2,000,000, 
 which was the value of the captured airship, 
 and a prize bounty for the nineteen members 
 of the crew made prisoners ; and the Allied avia- 
 tors who captured enemy aeroplanes are like- 
 wise entitled to part of the value of the cap- 
 tured planes and prize bounty for enemy avia- 
 tors made prisoners. 
 
 A precedent has been established by the 
 British Prize Court which awarded a prize 
 bounty to the British aviators who assisted in 
 the destruction of the German cruiser "Bres- 
 lau," in January, 1919. (See Chapter 'Aerial 
 Prize Laws Needed.") 
 
 Aerial Salvage Laws? 
 
 If the Salvage Law is applicable in the air 
 there will soon be some cases for consideration. 
 There was a case a few years ago in England 
 of a dirigible that broke down and was towed 
 to its aerodrome by another dirigible, and there 
 have been scores of cases of seaplanes towing 
 other seaplanes. 
 
 If an aeroplane catches fire in the air and 
 another aeroplane comes to the rescue, flies right 
 over it at the same speed and puts the fire out 
 with its fire extinguishers, will the Courts of 
 Admiralty make a salvage award of portion of 
 the value of the airship, as provided by Mari- 
 time Law? 
 
 If a dirigible gets out of control and is drift- 
 ing and another dirigible tows it to port (air- 
 port) , will the Courts of Admiralty award part 
 of the value of the airship, as provided in the 
 case of sea ships? 
 
 Will it be different if the airship lands on 
 
 some isolated island or on shallow water and is 
 towed to port as a British blimp towed the other 
 blimp back to its hangar, some years ago? 
 
 Aerial Stowaways 
 
 Under the Maritime Law, ships or their own- 
 ers are liable for damages resulting from the 
 negligence of their masters, but the owner of 
 the ship can limit his liability to the amount of 
 the ship's value or his interest in it, in all claims 
 except seamen's wages. 
 
 Will this principle be adopted in the case of 
 aircraft and their owners? 
 
 Will it be proper to proceed against an air- 
 ship in rem, or in personam as provided by the 
 Maritime Law, so one can proceed against the 
 aircraft as though it were the debtor? 
 
 Will the master of an aircraft have absolute 
 authority on board of an aircraft, Hke the mas- 
 ter of a ship? 
 
 Will aircraft "masters" be forced to return 
 "airmen" to the airport whence they "shipped," 
 following the United States and Enghsh mari- 
 time statutes, in the case of seamen? 
 
 It is well to remember that there are already 
 two cases of aerial stowaways on record, one 
 having crossed the Atlantic on board of the 
 British dirigible R-34. 
 
 Does the Constitution Give Federal Courts 
 
 Jurisdiction Over the Air As It Does 
 
 Over All Navigable Waters? 
 
 Another of the many points to be cleared up : 
 the Federal Courts, as provided by the Consti- 
 tution and Acts of Congress, exercise both civil 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 and criminal jurisdiction over all the public 
 navigable waters, including lakes, rivers and 
 canals. 
 
 Will all the air be considered navigable air, 
 or will the air over the United States be divided 
 into zones somewhat in the order of the 80 miles 
 wide airways shown on the aeronautic maps of 
 the Aeronautic Maps Association, which give 
 the American and Canadian Airways? 
 
 In the meantime, can the Federal Courts, un- 
 der the authority given by the Constitution and 
 by Congress, exercise civil and criminal juris- 
 diction over all or any part of the air? 
 
 The Individual's Right to Fly 
 
 The questions dealing with the individual's 
 right to fly and the rights of people below are 
 also very numerous. The application of reme- 
 dial law to aeronautics, thereby providing the 
 means by which rights are protected, has been 
 given little consideration. The right of the in- 
 dividual aviator to fly over privately owned 
 land has been challenged by land owners who 
 assert ownership usque ad coelum. In France 
 several such cases have been decided in favor 
 of the aviators. In the pre-war case of the 
 farmer of Villeroi, who sought to stop the 
 aeroplanes of a neighboring aviation school and 
 asked indemnity for damages caused by aero- 
 planes which landed on his farm the Court de- 
 cided that, though in theory the landowner has 
 rights to the atmosphere overhead, in practice 
 his rights extend only to the tops of the build- 
 ings and trees and above them freedom of the 
 air is complete and aerial circulation legally un- 
 hampered. 
 
 The Court held, also, that the aviator who 
 flies too close to the ground or lands on another 
 man's property, is hable for whatever damages 
 he causes by flying too low or by landing on the 
 property. The owners of the schools were, 
 therefore, ordered to pay for damages caused 
 by the aeroplanes in landing. 
 
 The case of the aviator who landed in a grass 
 plot in Van Cortlandt Park, New York, and 
 was arrested, charged with "unlawfully dis- 
 turbing the grass in a grass plot in Van Cort- 
 landt Park by landing there with an aeroplane 
 without a permit from the proper authorities" 
 brings out the fact that, owing to the lack of 
 landing places for aeroplanes, aviators must 
 either stay at home or run the risk of^ being ar- 
 rested if they make a forced landing. Land- 
 ing places are to the aviator the equivalent of 
 roads to the automobilist. Until chains of 
 landing places are established throughout the 
 country, the aviator's activities will be restricted 
 and he will be a nuisance and will be subject to 
 arrest every time he makes a forced landing. 
 
 In other words, the status of aerial naviga- 
 tion is exactly analogous to the status of auto- 
 mobiling as it was at about 1898 to 1900, when 
 the necessary provisions for automobile traffic 
 had not yet been made and the automobilist was, 
 therefore, considered a nuisance. 
 
 In this present state the aviator is very much 
 in the same position as the man who was in jail 
 and was told by his lawyer that he could not be 
 put in jail. 
 
 Federal and State Registration 
 
 Although there are no laws to govern aero- 
 nautics, aviators are not immune from arrest. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 On the other hand, the recklessness of some 
 aviators makes it necessary to have laws and reg- 
 ulations to curb aerial recklessness. But air- 
 men are not numerous and they can be ruled by 
 the Aero Clubs as they have been for the past 
 fifteen years, vmtil such time as Aerial Laws are 
 enacted, which will provide for Federal and state 
 registration of aircraft and airmen and will 
 solve the problem and prevent the confusion 
 which would be created if different cities should 
 enact confusing laws. 
 
 We must, above all, avoid the mistake of con- 
 sidering aircraft as taxicabs and expect them 
 to register in every city. Air traffic must be 
 considered as interstate traffic and aircraft 
 should need only a Federal license, such as is 
 provided for ships by the Steamship Inspection 
 Service of the Department of Commerce and 
 state licenses to operate within staites. 
 
 The enforcing of aerial navigation regula- 
 
 tions will be difficult. For instance, the rule of 
 having aeroplanes carry their license or regis- 
 tration number, which is now part of the inter- 
 national regulations, seems simple until we con- 
 sider the fact that if the aviator flies low enough 
 for people to see the numbers, he flies too low 
 for safety and will be prosecuted for flying too 
 low. If he flies as high as required by the rules 
 for safety, then his number cannot be read and 
 he can indulge in stunts over a city with im- 
 punity. No one will know which craft it was 
 that dropped a monkey-wrench. To cover the 
 last possibility it would be well to make it com- 
 pulsory to stamp every moving part and equip- 
 ment of aircraft with the registration number of 
 the aircraft. 
 
 These are only some of the interesting aspects 
 of aerial jurisprudence — and they open mar- 
 vellous opportimities for a twentieth century 
 Blackstone. 
 
 Henry Woodhouse. 
 
 Notes 
 
INTERNATIONAL LAWS AND REGULATIONS FOR AIR NAVIGATION 
 
 The fact that aerial navigation is interna- 
 tional in character has been evident since 1870 
 when sixty-one out of the sixty-five balloons 
 carrying mail and people from Paris succeeded 
 in evading the besieging Germans. Serious 
 consideration of the international aspects of 
 aerial navigation has been given from time to 
 time by the nations since the time of the first 
 Hague Conference, 1899. 
 
 The discussions at the Hague Conferences of 
 1899 and 1907 dealt with the question from the 
 standpoint of military law. Its decisions are 
 quoted under the heading "Military Aerial 
 Laws." 
 
 The discussion of civil international aerial 
 laws and rules and regulations for international 
 aerial navigation and air traffic has advanced 
 during the past twenty years, mainly under the 
 auspices of the Federation Aeronautique Inter- 
 nationale (the International Aeronautic Fed- 
 eration), the Institute of International Law, 
 and the International Law Association. 
 
 How the International Aeronautic 
 Federation Rules Airmen 
 
 The first organization, which represents the 
 national aero clubs of 38 nations, was organ- 
 ized in 1905, and having had jurisdiction over 
 all aerial sporting events and competitions 
 throughout these years, and the Courts having 
 upheld its decisions, and Governments having 
 recognized its regulations, it has been in a posi- 
 
 tion to enforce its regulations and decisions in- 
 ternationally, with stupendous results. 
 
 For instance, a pilot who violates the regula- 
 tions governing flying over cities or endangers 
 hfe, and is "suspended" by the Aero Club of 
 America, which represents the Federation in the 
 United States, will be considered "suspended" 
 by the Aero Clubs of the 38 countries affiliated 
 with the Federation and the pilot will not be 
 permitted to compete in aeronautic sporting 
 events in any of the 38 countries and if he makes 
 a record it will not be recognized. In other 
 words, he is officially and professionally out- 
 lawed until the termination of the period of 
 "suspension." 
 
 To the Federation and the Clubs affiliated 
 with it, goes the credit of having established 
 and enforced international aerial laws. 
 
 Pioneer Authorities on International 
 Aerial Laws 
 
 Close study of the "Convention Relating to 
 Air Navigation" agreed upon by the aeronauti- 
 cal commission of the Peace Conference deal- 
 ing with aerial navigation shows the helpful in- 
 fluence of the writings and opinions of the fol- 
 lowing authorities: Dr. H. D. Hazeltine; D. 
 Fauchille ; Professor A. de Lapradelle ; G. Bon- 
 nefoy; Henry Couannier; D. Meli; Roland 
 Bonaparte; Colonel Mervyn O'Gorman; Grif- 
 fith Brewer; Frank S. Lahm; Count H. De La 
 Vaulx; Fernand Jacobs; Enrico Catellani; Al- 
 
 Notes 
 
10 
 
 TEXTBOOK OF AERIAL LAWS 
 
 berto Santos-Dumont; S. E. Baldwin; Lord 
 Montagu; d'Estournelle de Constant; Paul Tis- 
 sandier; Amundsen; Mercanti; Surcouf; Usu- 
 elli; Wallace; Campbell-Wood ; and other au- 
 thorities, who discussed the subject during the 
 past twenty years before the International 
 Aeronautic Federation and the Institute of In- 
 ternational Law and the International Law 
 Association, whose opinions were, in most cases, 
 the opinions of the national aero clubs and or- 
 ganizations which they represented. 
 
 Evolution of International Aerial Laws 
 
 Upon the recommendation of the Interna- 
 tional Aeronautic Federation, and especially 
 through the efforts of the Aero Club of France, 
 the French Government in 1909 took steps to 
 arrange for holding a Conference in Paris, to 
 consider the international aspects of aerial navi- 
 gation and the advisability of bringing about an 
 international agreement on rules and regula- 
 tions to govern international aerial navigation. 
 This International Conference was held in Paris 
 from May 18th to July 29th, 1910. 
 
 This Conference resulted in the drafting of 
 tentative regulations to govern international 
 aerial navigation, which were approved at the 
 subsequent meetings of the Commission Inter- 
 nationale du Droit Aeronautique appointed by 
 the International Aeronautic Federation and 
 held at Brussels, May 17th and 18th and June 
 20th and 21st, 1913. 
 
 At the 1911 session of the Institute of Inter- 
 national Law, the following principles were 
 adopted : 
 
 "Article 1. — Aircraft are distinguished as public or 
 as private aircraft. 
 
 "Article 2. — Every aircraft must have a nationality 
 and one only. This nationality will be that of the 
 country in which the aircraft has been registered. 
 
 "Every aircraft must bear special marks by which 
 it can be identified. The State (country) in which 
 registration is applied for will determine the persons in 
 whose case and the conditions under which registration 
 will be allowed. The State registering an aircraft be- 
 longing to an alien cannot, however, claim to afford 
 protection to such aircraft in the territory of the 
 owner's State, as against any laws of that State for- 
 bidding its nationals to have their aircraft registered 
 in foreign States. 
 
 "Article S.^International aerial circulation is free, 
 subject to the right of States to take certain steps, 
 which shall be fixed, to insure their security and 
 that of the persons and property of their inhabi- 
 tants. 
 
 "Article 4. — Aerial war js allowed, but only on the 
 condition that it does not present for the persons or 
 property of the pacific population greater dangers 
 than land or sea war." 
 
 The Committee on Aeronautics of the Inter- 
 national Law Association, at the Conference 
 held at Madrid, 1913, adopted the following 
 principles : 
 
 "It appears to the Committee impossible to contend 
 that according to existing international law the air 
 space is free ; nor do they think that States would be 
 willing to accept or to act on that view of the law. 
 But they are of the opinion that subject to such safe- 
 guards as subjacent States may think it right to im- 
 pose, aerial navigation should be permitted as a matter 
 of comity. 
 
 "There is no reason to anticipate that States will 
 interfere with the passage of foreign airships through 
 the air above their territories in an unreasonable man- 
 ner, any more than they have interfered witli the 
 passage of foreign vehicles through their territories or 
 of foreign vessels through their territorial waters. 
 Indeed any action of this character must be prevented 
 by consideration of reciprocal interest. 
 
 "The Committee therefore submit the following reso- 
 lutions : 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 11 
 
 "1. It is the right of every State to enact such pro- 
 hibitions, restrictions, and regulations as it may think 
 proper in regard to the passage of aircraft through the 
 air space above its territories and territorial waters. 
 
 "2. Subject to this right of subjacent States, liberty 
 of passage of aircraft ought to be accorded freely to 
 the aircraft of every nation." 
 
 Franco-German Agreement as to the Admis- 
 sion of German Aircraft to France and 
 French Aircraft to Germany (1913) 
 
 An important step forward was taken in 
 1913, when the following agreement was 
 adopted to govern the admission of German air- 
 craft in France and French aircraft in Ger- 
 many: 
 
 "(For the sake of clearness the case of German air- 
 craft entering France is alone mentioned in the follow- 
 ing Precis, but the corresponding case of French air- 
 craft entering Germany is subject to identical rules.) 
 
 "German military aircraft, or other German air- 
 craft carrying officers or soldiers in uniform, may only 
 circulate over French territory or land there upon the 
 invitation of the French Government. 
 
 "In cases of necessity, however, a German aircraft 
 may be allowed entry, but to prevent cases of this kind 
 arising, the German Government will give the neces- 
 sary instructions to its airmen. 
 
 "In such cases the aircraft must make the signal of 
 distress and land as soon as possible. The pilot must 
 then notify the nearest French authority, stating his 
 name and domicile, and that authority will take steps 
 for the protection of the aircraft and its contents. 
 The local authority will notify the nearest military 
 authority. 
 
 "The military authority will inquire into the alleged 
 case of necessity, to determine whether the entry was 
 justified or not. 
 
 "If the justification is established by this inquiry 
 the military authority will obtain from the German 
 officer in charge of the aircraft his word of honor, that 
 neither he nor any member of his crew has committed 
 
 any act affecting the national security of the French 
 State, such as taking notes or of photographs or the 
 despatch of wireless messages. The aircraft will then 
 be authorized to return to Germany by such route as 
 the military authorities shall direct. 
 
 "When an immediate return to Germany is not prac- 
 ticable, the aircraft, while in France, shall not be sub- 
 ject to any measures save such as are necessary for its 
 safety, and that of its crew and contents, and for the 
 public health. 
 
 "If it is not established at the inquiry referred to 
 above, that the entry was justified by necessity, the 
 judicial authorities will be notified and the French 
 Government will be advised. 
 
 "The French and German Governments will keep 
 one another advised of the nature of the distinguishing 
 marks of their respective military aircraft. 
 
 "As regards the entry into France of German air- 
 craft not belonging to the military service and not 
 carrying officers in uniform, this is permitted, except 
 in the prohibited zones (fortresses, defences) subject 
 to the following conditions : — 
 
 "1. The aircraft must have a license to navigate 
 from the proper German authority, and must carry 
 the distinctive marks necessary for its identification. 
 
 "2. The pilot must have a proficiency certificate 
 from the proper authority. 
 
 "3. He must also have papers certifying his na- 
 tionality and his station militaire; so must any mem- 
 bers of the crew. 
 
 "4. He must have a passport for the journey from 
 the diplomatic or consular representatives of France 
 in Germany. 
 
 "Aircraft thus admitted must submit to all the re- 
 quirements of International Law, of the Custom regu- 
 lations and of the aeronautical regulations in force in 
 France. 
 
 "Aircraft not fulfilling the above conditions may be 
 admitted in cases of necessity, but such aircraft must 
 land as soon as possible and notify the nearest civil 
 authority. 
 
 "Whenever a German aircraft lands in France the 
 local authorities will take all steps necessary to insure 
 the protection of the aircraft and its crew. 
 
 "The two Governments will advise one another of 
 
 Notes 
 
12 
 
 TEXTBOOK OF AERIAL LAWS 
 
 their respective regulations as to aerial circulation. 
 "The present agreement is based upon reciprocity 
 of treatment. It will cease to be in force when deter- 
 mined by either Government." 
 
 At the Congress of the Pan American Aero- 
 nautic Federation held at Santiago, Chile, on 
 March 17, 1916, with reference to legislation 
 on the subject of aerial locomotion, the Fed- 
 eration reconimended that the following princi- 
 ples be considered by the Pan-American States : 
 
 1. Air space to be declared as state property. 
 
 2. Navigation of the air space above the American 
 continent and adj acent seas to be free to all Americans 
 and to aliens domiciled in America. 
 
 3. States to have sovereign rights over the spaces 
 above their respective territories. 
 
 4). All aircraft to have a nationality ; public vessels, 
 that of the state to which they belong, private vessels 
 that of the owner. 
 
 5. All aircraft to carry a distinctive national em- 
 blem. 
 
 6. States to agree upon international regulations 
 governing air traffic. 
 
 7. Aerial warfare to be so regulated as to minimize 
 the danger to non-combatants and neutrals. 
 
 8. Aerial navies to be used in war under restrictions 
 indicated in 7. 
 
 9. The dropping of projectiles to be permitted when 
 the same has a direct bearing on military operations. 
 
 10. Private property in the air to be declared in- 
 violable. 
 
 11. Belligerents not to interfere with neutral com- 
 merce. 
 
 12. Neutral states to be declared inviolable. 
 
 Notes 
 
INTERNATIONAL CONVENTION FOR THE REGULATION OF INTERNATIONAL 
 
 AIR NAVIGATION AGREED BY THE REPRESENTATIVES OF 
 
 THE ALLIED AND ASSOCIATED POWERS 
 
 Following the signing of the Armistice the 
 Allied and Associated Powers were brought to 
 a quick agreement on the international aerial 
 regulations to be adopted, by the necessity of 
 including these regulations in the Peace Treaty, 
 so as to define the limits of future German aerial 
 activities and the privileges which Allied avia- 
 tors are to enjoy when flying over German 
 territory. 
 
 The "Air Clauses" of the Peace Treaty are 
 contained in Section III, articles 198, 199, 200, 
 201, 202; Section IV, articles 203, 210; Part 8, 
 Annex 1; Part II, articles 313, 314, 315, 316, 
 317, 318, 319, 320. 
 
 All the "Air Clauses" of the Peace Treaty 
 will be found in the chapter entitled "Military 
 Aerial Laws." 
 
 For historic and reference purposes we in- 
 clude herewith 'Copy of the letter from Premier 
 Clemenceau to President Wilson urging the 
 creation of an Interallied Aeronautic Commit- 
 tee to advise the Peace Conference and deal with 
 aeronautic matters after the war. The letter 
 follows : 
 
 "February 16, 1919. 
 "The President of the Council, and the President of 
 
 the InteraUied Peace Conference. 
 "To the President of the Republic of the United States, 
 
 Interallied Aeronautic Committee : 
 Mr. President: 
 
 "I have the honor to acknowledge the receipt of 
 your answer of February 7th to my letter of January 
 
 24th. I enclose herewith copies of the letters which I 
 have received from Lord Milner and from Monsieur 
 Orlando, as well as my replies. 
 
 "I am pleased to note that you agree in principle 
 with my proposition to create an aeronautic commit- 
 tee for after the war. I take the liberty of insisting 
 on the necessity of creating this committee without 
 delay, in order to be able to utilize it as an advisory 
 organ of the Peace Conference. Indeed, the clauses 
 for aerial protection seem to me to have at least an 
 importance equal to the clauses for military and naval 
 protection, and it is of the greatest interest to have 
 a study made by competent personalities of the meas- 
 ures to take against the eventual constitution of a 
 German military aerial fleet. I cannoit insist too 
 strongly upon the imperious necessity of this study, 
 on account of the proximity of Germany to London, 
 Brussels, Paris and Rome. 
 
 "Likewise I adhere entirely to the British proposi- 
 tion, which seems to be practical and effective, and I 
 request you likewise to give it attention. In case it 
 seems acceptable to you, I wish you would let me know 
 if you could delegate two representatives to the next 
 meeting of the new Interallied Committee, which will 
 take place on Thursday, March 6th, at ten o'clock, at 
 the Directory of Aeronautics, 260 Boulevard St. Ger- 
 main. 
 
 "Please accept, Mr. President, the assurance of my 
 highest consideration, etc. 
 
 "(Signed) Clemenceau." 
 
 Major General Mason M. Patrick, Chief of 
 the U. S. Air Service, American Expeditionary 
 Forces, and Rear Admiral Harry S. Knapp, 
 U. S. Navy, were the U. S. representatives on 
 the committee. 
 
 Notes 
 
 13 
 
14 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Following is the International Convention 
 for the regulation of international air naviga- 
 tion agreed by the representatives of the Allied 
 and Associated Powers, serving on the Inter- 
 national Commission dealing with Aerial Navi- 
 gation, and appointed as a sub-commission of 
 the Peace Conference. 
 
 On this commission were represented the five 
 principal Powers as well as Belgium, Brazil, 
 Portugal, Cuba, Greece, Roumania and Serbia. 
 These seven smaller Powers were appointed by 
 the Supreme Council to represent on the Aero- 
 nautical Commission all the smaller powers at 
 the Peace Conference. 
 
 The complete draft of the aerial regulations 
 prepared by the Aeronautical Commission of 
 the Peace Conference, as adopted at the final 
 meeting of the commission, on May 22nd, 1919, 
 follows: ^ 
 
 Chapter I — General Principles 
 
 Article 1 — The contracting States recognise 
 that every State has complete and exclusive sov- 
 ereignty in the air space above its territory and 
 territorial waters. 
 
 Article 2 — Each contracting State under- 
 takes in time of peace to accord freedom of 
 innocent passage above its territory and terri- 
 torial waters as well as above the territories and 
 territorial waters of its Colonies to the aircraft 
 of the other contracting States, provided that 
 the conditions estabhshed in this Convention are 
 observed. 
 
 All regulations made by a contracting State 
 as to the admission over its territory of the air- 
 craft of the other contracting States shall be 
 applied without distinction of nationality. 
 
 Article 3 — Each contracting State has the 
 right, for mihtary reasons or in the interest of 
 public safety, to prohibit the aircraft of the 
 other contracting States, xmder the penalties 
 provided by its legislation and subject to no dis- 
 tinction being made in this respect between its 
 private aircraft and those of the other contract- 
 ing States, from flying over certain areas of its 
 territory. 
 
 If it makes use of this right, it shall pubhsh 
 and notify beforehand to the other contracting 
 States the location and extent of the prohibited 
 
 areas. 
 
 Article 4 — Every aircraft which finds itself 
 above a prohibited area shall, as soon as aware 
 of the fact, give the signal of distress provided 
 in Paragraph 17 of Annex D and land outside 
 the prohibited area as near to it as possible and 
 as soon as possible at one of the aerodromes 
 of the State unlawfully flown over. 
 
 Chapter II — Nationality of Aircraft 
 
 Article 5 — No contracting State shall, except 
 by a special and temporary authorisation, per- 
 mit the flight above its territory of an aircraft 
 which does not possess the nationahty of a con- 
 tracting State. 
 
 Article 6 — An aircraft possesses the nation- 
 ality of the State on the register of which it is 
 entered, in accordance with the provisions of 
 Section I. (c) of Annex A. 
 
 Article 7 — An aircraft shall not be entered 
 on the register of one of the contracting States 
 unless it belongs wholly to nationals of such 
 State. 
 
 An incorporated company cannot be the reg- 
 
 Notes 
 
 1 Revised articles of the Convention, adopted October 13, 
 1919, are given on pages 51, S3. 
 
Interallied Aeronautical Commission of the Peace Conference which Wrote the International Aerial 
 
 Convention 
 
 Upper row, left to right: Colonel Blandy, R.A.F. (Tech. and Radio); Captain Finzl, R.I.A. (Tech.); Mr. J. L. H. White- 
 Smith, Great Britain (Commercial); Captain Boulanger, French Army; Mr. Yamakawa, Japan (Delegate) ; Lieutenant Sanda, 
 Italy (Secretary); Captain Tindal-Atliinson, R.A.F. (Secretary and Legal); Major Poli-Marchetti, French Army (Military); 
 Lieutenant Colonel Pujo, French Army (Secretary General); Lieutenant Ralph Kiely, U. S. Navy (Secretary, U. S. Dele- 
 gation and Technical); Lieutenant Sevier, French Army; Lieutenant Colonel A. Guidoni, Italian Xavy (Secretary and Tech- 
 nical); Captain Roper, French Army (assistant to Secretary-General and Interpreter); Captain Xishihari, Japan (Secretary); 
 Lieutenant Armand, French y\rmy. Front row, left to right: Captain Chauvin, French Xavy, Chief of French Xaval Avia- 
 tion (Delegate); Rear-Admiral H. S. Knapp, U. S. Xavy (Delegate); Major-General Seely, R.iV.F., British Under-Secretary 
 of State for Air (Delegate); Mr. Eugenio Chiesa, Italy (Delegate); Colonel Paul Dhe, French Army, Chief of P'rench Mili- 
 tary Aviation (Delegate and President of Aeronautical Commission) ; Major-General Sykes, R.A.F., British Controller, Gen- 
 eral of Civil Aviation (Delegate); Lieutenant-General Tanaka, Japanese Army (Delegate); General Moris, Italian y\.rmy; 
 Rear-Admiral Orsini, Chief of Italian Xaval Aviation (Delegate). The commission's duties were: (a) To study all aero- 
 nautical questions in which the Peace Conference was concerned; (b) To draft a Convention relating to International Air 
 Xavigation in time of peace. The Convention was completed in May, 1919, and after modifications was adopted on October 
 II, 1919, the United States making a number of reservations. The Convention is printed in full in this Textbook. 
 
_j^ El ^ 5 — ft . h 
 
 ~Sii—' — fr 
 
 AIRWAYS 0F_ THE WORLD ^ 
 
 Wall map of the World's Airways, which gives 1,100 Air Routes crossing the five continents, illustrating how air lines will 
 connect with the shipping lines, railroad termini, and centers of traffic and commerce the world over, solving difficult problems 
 of transportation. The distances of 1,100 world air routes are given in both miles and kilometers, and the magnetic deviations 
 and other valuable information for navigators is shown. The map gives the time distances in hours east and west of Green- 
 wich- and for different latitudes soutli of tlic Arctic Circle, in liours, and north tliereof in months. The map is copyrighted 
 by the Aeronautic Maps Association, i299 .Aladison Avenue, New York City, X. Y., from which copies can be secured. 
 
 Five Classes of Regulations for Aerial Navigation 
 
 Contestants participating in the Annual Aerial Derby .Vround tlie World will have to acquaint themselves with the five classes 
 of regulations, governing aerial navipntion, which are as follows: 
 
 (1) Inlernationnl Lairs, dealing with international aerial navigation, which the nations will have to determine from time to 
 time, and which will decide whether or not there shall be freedom of the air. 
 
 (3) National Law.i. Tn govern and regulate the operation of interstate aircraft and air traffic, and arrival and departure 
 of international aircraft, like the .Motorboat .\ct regulates the navigation of vessels in the United States and like the regulations 
 which govern water traffic and interstate and international water traffic. 
 
 (3) Stale Laws, which will essentially aim to protect state property and define state rights and establish whatever regulations 
 and restrictions may be necessary to protect state properties and regulate air traffic within the state. 
 
 (1) 'Miiniripal Laws, which will govern the operation of aircraft over cities and will regulate aerial activities within munici- 
 palities. 
 
 (5) B.f(i Illation.^ tn Oavcni Sports and Competition. The.se regulations already exist, having been drafted by the International 
 Aeronautic federation and being enforced in the United States by the Aero Club of America, of New Y'ork City, which repre- 
 sents the federation in America. 
 
 Face p. 15 
 
TEXTBOOK OF AERIAL LAWS 
 
 15 
 
 istered owner of an aircraft unless it possesses 
 the nationality of the State in which the aircraft 
 is registered, and unless the president or chair- 
 man of the company and at least two-thirds of 
 the directors possess the same nationality, and 
 unless the company fulfils all other conditions 
 which may be prescribed by the laws of each 
 State. 
 
 Article 8 — An aircraft cannot be validly reg- 
 istered in more than one State. 
 
 Article 9 — The contracting States shall every 
 month exchange among themselves and trans- 
 mit to the International Commission for Air 
 Navigation copies of registrations and of can- 
 cellations of registration which shall have been 
 entered on their official registers during the pre- 
 ceding month. 
 
 Article 10 — All aircraft engaged in interna- 
 tional navigation shall bear their nationality and 
 registration marks as well as the name and resi- 
 dence of the owner in accordance with Annex A. 
 
 Chapter III — Certificates of Airworthiness 
 and Competency 
 
 Article 11 — Every aircraft engaged in inter- 
 national navigation shall, in accordance with 
 Annex B, be provided with a certificate of air- 
 worthiness issued or rendered vaUd by the State 
 whose nationality it possesses. 
 
 Article 12 — The commanding officer, pilots, 
 engineers and other members of the operating 
 crew of every aircraft shall, in accordance with 
 Annex E, be provided with certificates of com- 
 petency and licences issued or rendered valid 
 by the State whose nationality the aircraft pos- 
 sesses. 
 
 Article 13 — Certificates of airworthiness and 
 of competency and licences issued or rendered 
 valid by the State whose nationality the aircraft 
 possesses, in accordance with the regulations es- 
 tablished by Annex B and Annex E and here- 
 after by the International Commission for Air 
 Navigation, shall be recognised as valid by the 
 other States. 
 
 Each State has the right to refuse to recog- 
 nise for the purpose of flights within the limits 
 of and above its own territory certificates of 
 competency and licenses granted to one of its 
 nationals by another contracting State. 
 
 Article 14 — No wireless apparatus shall be 
 carried without a special licence issued by the 
 State whose nationality the aircraft possesses. 
 Such apparatus shall not be used except by 
 members of the crew provided with a special 
 licence for the purpose. 
 
 Every aircraft used in public transport and 
 capable of carrying ten or more persons shall 
 be equipped with sending and receiving wireless 
 apparatus when the methods of employing such 
 apparatus shall have been determined by the In- 
 ternational Commission for Air Navigation. 
 
 This Commission may later extend the obli- 
 gation of carrying wireless apparatus to all 
 other classes of aircraft in the conditions and 
 according to the methods which it may deter- 
 mine. 
 
 Chapter IV — Admission to Air Navigation 
 Above Foreign Territory 
 
 Article 15 — Every aircraft of a contracting 
 State has the right to cross another State with- 
 out landing. In this case it shall follow the 
 
 Notes 
 
16 
 
 TEXTBOOK OF AERIAL LAWS 
 
 route fixed by the State over which the flight 
 takes place. However, for reasons of general 
 security it will be obliged to land if ordered 
 to do so by means of signals provided in An- 
 nex D. 
 
 Every aircraft which passes from one State 
 into another shall, if the regulations of the lat- 
 ter State require it, land in one of the aero- 
 dromes fixed by the latter. Notification of 
 these aerodromes shall be given by the contract- 
 ing States to the International Commission for 
 Air Navigation and by it notified to all the con- 
 tracting States. 
 
 The estabhshment of international airways 
 shall be subject to the consent of the States 
 flown over. 
 
 Article 16 — Each contracting State shall 
 have the right to reserve to its national aircraft 
 the carriage of persons and goods for hire be- 
 tween two points on its own territory. 
 
 Article 17^ — If a contracting State establishes 
 restrictions of the kind permitted by Article 16, 
 its aircraft may be subjected to the same re- 
 strictions in any other contracting State, even 
 though the latter State does not itself impose 
 these restrictions on other foreign aircraft. 
 
 Restrictions and reservations provided in Ar- 
 ticle 16 shall be immediately pubhshed, and shall 
 be communicated to the International Commis- 
 sion for Air Navigation which shall notify them 
 to the States interested. 
 
 Article 18 — The passage or transit of any air- 
 craft with or without landing over or through 
 the territory of any contracting State, includ- 
 ing stoppages reasonably necessary for the pur- 
 pose of such transit, shall not entail any seizure 
 or detention of the aircraft by or on behalf of 
 
 such State or any person therein, on the ground 
 that the constitution or mechanism of the air- 
 craft is an infringement of any patent, design, 
 or model, duly granted or registered in such 
 State. Every claim for an infringement of this 
 kind shaU be duly made in the country of origin 
 of the aircraft. 
 
 Chapter V — Rules to Be Observed on De- 
 parture, on Landing, and When 
 Under Way 
 
 Article 19 — Every aircraft engaged in inter- 
 national navigation shall be provided: 
 
 (a) With a certificate of registration in ac- 
 cordance with Annex A. 
 
 (&) With a certificate of airworthiness in 
 accordance with Annex B. 
 
 (c) With certificates and licences of the com- 
 manding ofiicer, pilots and crew in accordance 
 with Annex E. 
 
 (d) If it carries passengers, with a list of 
 their names. 
 
 (e) If it carries freight, with bills of lading 
 and manifest. 
 
 (/) With log books in accordance with An- 
 nex C. 
 
 (g) If equipped with wireless, with the spe- 
 cial licence prescribed by Article 14. 
 
 Article 20 — The log books shall be kept for 
 two years after the last entry. 
 
 Article 21— Upon the departure of an air- 
 craft, the authorities of the country shall have, 
 in all cases, the right to visit the aircraft and to 
 verify all the documents with which it must be 
 provided. 
 
 Article 22 — Upon the landing of an aircraft. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 17 
 
 the authorities of the country shall have, in all 
 eases, the right to visit the aircraft and to verify 
 all the documents with which it must be pro- 
 vided. 
 
 Article 23 — All persons on board an aircraft 
 shall conform to the laws and regulations of the 
 State visited. 
 
 In case of flight made without landing, from 
 frontier to frontier, all persons on board shall 
 conform to the laws and regulations of the 
 country flown over, the purpose of which is to 
 ensure that the passage is innocent. 
 
 Legal relations between persons on board an 
 aircraft in flight are governed by the law of the 
 nationality of the aircraft. 
 
 In case of crime or misdemeanour committed 
 by one person against another on board an air- 
 craft in flight the jurisdiction of the State flown 
 over applies only in case the crime or misde- 
 meanour is committed against a national of such 
 State and is followed by a landing during the 
 same journey upon its territory. 
 
 The State flown over has jurisdiction: — 
 
 (1) With regard to every breach of its 
 laws for the public safety and its military and 
 fiscal laws ; 
 
 ( 2 ) In case of a breach of its regulations con- 
 cerning air navigation. 
 
 Article 24 — Aircraft of the contracting 
 States shall be entitled to the same measures 
 of assistance for landing, particularly in case of 
 distress, as national aircraft. 
 
 With regard to the salvage of aircraft 
 wrecked at sea the regulations of the several 
 contracting States as to the salvage of ships will 
 apply so far as practicable. 
 
 Article 25 — Every aerodrome in a contract- 
 
 ing State, which upon payment of charges is 
 open to public use by its national aircraft, shall 
 likewise be open to the aircraft of all the other 
 contracting States. 
 
 In every such aerodrome there shall be a sin- 
 gle tariff of charges for landing and length of 
 stay applicable ahke to national and foreign 
 aircraft. 
 
 Article 26 — Each contracting State under- 
 takes to adopt measures to ensure that every 
 aircraft flying above the limits of its territory, 
 and that every aircraft under its flag, wherever 
 .it may be, shall comply with the regulations 
 contained in Annex D of the present Conven- 
 tion. It will punish all persons who do not 
 obey these regulations. 
 
 Chapter VI — Prohibited Transport 
 
 Article 27 — The carriage by aircraft of ex- 
 plosives and of arms and munitions of war is 
 forbidden in international navigation. No for- 
 eign aircraft shall be permitted to carry such 
 articles between any two points in the same con- 
 tracting State. 
 
 Article 28 — Each State may prohibit or regu- 
 late the carriage or use of photographic appara- 
 tus. Any such regulations shall be at once 
 notified to the International Commission for Air 
 Navigation, which shall communicate this infor- 
 mation to all the other contracting States. 
 
 Article 29. — As a measure of public safety 
 the carriage of objects other than those men- 
 tioned in Articles 27 and 28 may be subjected 
 to restrictions by each contracting State. Any 
 such regulations shall be at once notified to the 
 International Commission for Air Navigation, 
 
 Notes 
 
18 
 
 TEXTBOOK OF AERIAL LAWS 
 
 which shall communicate this information to all 
 the other contracting States. 
 
 Article 30 — All restrictions mentioned in Ar- 
 ticle 29 shall be applied equally to national and 
 foreign aircraft. 
 
 Chapter VII — State Aircraft 
 
 Article 31 — The following are deemed to be 
 State aircraft: — 
 
 (a) Military aircraft. 
 
 (b) Aircraft exclusively employed in State 
 service, such as posts, customs, police. 
 
 Every other aircraft is a private aircraft. 
 All State aircraft other than military, customs, 
 and police aircraft shall be treated as private 
 aircraft and as such shall be subject to all the 
 provisions of the present Convention. 
 
 Artidle 32 — Every aircraft commanded by a 
 person in military service detailed for the pur- 
 pose is deemed to be a military aircraft. 
 
 Article 33 — Neither the flight of a military 
 aircraft of a contracting State over the terri- 
 tory of another nor its landing upon such terri- 
 tory shall be permitted without special authori- 
 sation. 
 
 In case of such authorisation the militarj^ air- 
 craft shall enjoy in the absence of special stipu- 
 lation the privileges of exterritoriality which are 
 customarily accorded to foreign ships of war. 
 
 A mihtary aircraft which is forced to land or 
 which is required or compelled to land shall, by 
 reason thereof, acquire no right to exterri- 
 toriality. 
 
 Article 34 — Agreements between State and 
 State will determine in what cases police and 
 customs aircraft can be authorised to cross the 
 
 frontier. They shall in no case be entitled to 
 the privileges of exterritoriality. 
 
 Chapter VIII — International Commission 
 for Air Navigation 
 
 Article 35 — There shall be instituted, under 
 the name of the International Commission for 
 Air Navigation and as part of the organisation 
 of the League of Nations, a permanent Com- 
 mission composed of: 
 
 Two representatives of each of the following 
 States : The United States of America, France, 
 Italy, and Japan; 
 
 One representative of Great Britain and one 
 of each of the British Dominions and of India ; 
 
 One representative of each of the other con- 
 tracting States. 
 
 Each of the five States first-named (Great 
 Britain, the British Dominions and India count- 
 ing for this purpose as one State) shall have 
 the least v\hole number of votes which, when 
 multiplied by five will give a product exceeding 
 by at least one vote the total number of votes of 
 all the other contracting States. 
 
 All the States other than the five first-named 
 shall each have one vote. 
 
 The International Commission for Air Navi- 
 gation shall determine the rules of its own pro- 
 cedure and the place of its permanent seat, but 
 it shall be free to meet in such places as it may 
 deem convenient. Its first meeting shall take 
 place at Paris. This meeting shall be convened 
 by the French Government, as soon as a ma- 
 jority of the signatory States shall have notified 
 to it their ratification of the present Convention. 
 
 The duties of this Commission are: — 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 19 
 
 (a) To receive proposals from or to make 
 proposals to any of the contracting States for 
 the modification or amendment of the provisions 
 of the present Convention and to notify changes 
 adopted. 
 
 (&) To carry out the duties imposed upon it 
 by the present Article and by Articles 9, 13, 
 14, 15, 17, 28, 29, and 38 of the present Con- 
 vention. 
 
 (c) To amend the provisions of the technical 
 Annexes. 
 
 {d) To collect and communicate to the con- 
 tracting States information of every kind con- 
 cerning international air navigation. 
 
 (e) To collect and communicate to the con- 
 tracting States all information relating to wire- 
 less, meteorology and medical science which may 
 be of interest to air navigation. 
 
 (/) To ensure the publication of maps for air 
 navigation in accordance with the provisions of 
 Annex F. 
 
 (g) To give its opinion on questions which 
 the States may submit for examination. 
 
 Any modification of the provisions of any 
 one of the Annexes may be made by the Inter- 
 national Commission for Air Navigation when 
 such modification shall have been approved by 
 three-fourths of the total possible vote and shall 
 become effective from the time when it shall 
 have been notified by the International Com- 
 mission for Air Navigation to all the contract- 
 ing States. 
 
 Any proposed modification of the articles of 
 the present Convention shall be examined by the 
 International Commission for Air Navigation, 
 whether it originates with one of the contract- 
 ing States or with the International Commis- 
 
 sion for Air Navigation itself. No such modi- 
 fication shall be proposed for adoption by the 
 contracting States, unless it shall have been ap- 
 proved by at least two-thirds of all the pos- 
 sible votes which could be cast if all the States 
 were present. 
 
 All such modifications of the articles of the 
 Convention (not of the provisions of the An- 
 nexes) must be formally adopted by the con- 
 tracting States before they become effective. 
 
 The expenses of organisation and operation 
 of the International Commission for Air Navi- 
 gation shall be borne by the contracting States 
 in proportion to the number of votes at their dis- 
 posal. 
 
 The expenses occasioned by the sending of 
 technical delegations will be borne by their re- 
 spective States. 
 
 Chapter IX — Final Provisions 
 
 Article 36 — Each contracting State under- 
 takes to co-operate as far as possible in inter- 
 national measures concerning: 
 
 (a) The collection and dissemination of sta- 
 tistical, current, and special meteorological in- 
 formation, in accordance with the provisions of 
 Annex G. 
 
 (&) The publication of standard aeronauti- 
 cal maps, and the establishment of a uniform 
 system of ground marks for flying, in accord- 
 ance with the provisions of Annex F. 
 
 (c) The use of wireless in air navigation, the 
 establishment of the necessary wireless stations, 
 and the observation of international wireless 
 regulations. 
 
 Article 37 — General provisions relative to 
 
 Notes 
 
20 
 
 TEXTBOOK OF AERIAL LAWS 
 
 customs in connection with international air 
 navigation are the subject of a special agree- 
 ment contained in Annex H to the present Con- 
 vention. 
 
 Nothing in the present Convention shall be 
 construed as preventing the contracting States 
 from concluding, in conformity with its princi- 
 ples, special protocols as between State and 
 State in respect of customs, police, posts, and 
 other matters of common interest in connection 
 with air navigation. 
 
 Article 38 — In the case of a disagreement 
 of two or more States relating to the interpre- 
 tation of the present Convention, the question 
 in dispute shall be determined by the Perma- 
 nent Court of International Justice to be estab- 
 lished by the League of Nations and until its 
 establishment by arbitration. 
 
 If the parties do not agree on the choice of 
 the arbitrators, they shall proceed as follows: — 
 
 Each of the parties shall name an arbitrator, 
 and the two arbitrators shall meet to name a 
 third. If the arbitrators cannot agree, the par- 
 ties shall each name a third State, and the third 
 State so named shall proceed to designate the 
 third arbitrator, by agreement or by each pro- 
 posing a name and then determining by lot the 
 choice between the two. 
 
 In case of the disagreement of two or more 
 contracting States relating to one of the tech- 
 nical regulations annexed to the present Con- 
 vention, the point in dispute shall be determined 
 by the decision of the International Commission 
 for Air Navigation by a majority of votes. 
 
 In case the difference involves the question 
 whether the interpretation of the Convention or 
 that of a regulation is concerned, final decision 
 
 shall be made by arbitration as provided in the 
 first paragraph of this Article. 
 
 Article 39 — In case of war, the provisions of 
 the present Convention do not affect the free- 
 dom of action of the contracting States either as 
 belligerents or as neutrals. 
 
 Article 40 — The provisions of the present 
 Convention are completed by the Annexes 
 A-H, which have the same effect and come into 
 force at the same time as the Convention itself. 
 
 Article 41 — The British Dominions and India 
 are deemed to be States for the purposes of the 
 present Convention. 
 
 Protectorates, or territories administered by 
 the League of Nations or placed under its con- 
 trol are, for the purposes of the present Con- 
 vention, deemed to form part of the Protecting 
 or Mandatory States, both as regards their ter- 
 ritory and as regards their nationals. 
 
 Article 42 — The present Convention shall 
 come into force as between any of the contract- 
 ing States as soon as such States shall have ex- 
 changed ratifications, which shall take place 
 within one year. 
 
 The ratifications shall be deposited in the ar- 
 chives of the Ministry of Foreign Affairs of the 
 French RepubUc. 
 
 Article 43 — The States which have not taken 
 part in the present war shall be admitted to 
 adhere to the present Convention upon their 
 simple declaration notified to the Ministry of 
 Foreign Affairs of the French Repubhc, which 
 shall inform the contracting States of such ad- 
 herence. 
 
 Article 44 — Any State which took part in the 
 present war but which did not take part in the 
 negotiation of this Convention may express its 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 21 
 
 desire to sEdhere to this Convention and may be 
 admitted to adhere to it, if such State is a mem- 
 ber of the League of Nations or, until January 
 1, 1923, by a unanimous vote of the signatory 
 and adhering States, or, after January 1, 1923, 
 by an affirmative vote comprising at least 
 three-fourths of the total possible votes of the 
 signatory and adhering States, the votes of the 
 different States having the same weight as that 
 provided by Article 35 of this Convention for 
 the International Commission for Air Naviga- 
 tion. 
 
 The Ministry of Foreign Aflftairs of the 
 French Republic shall receive requests for ad- 
 herence to this Convention under the conditions 
 provided by this article, shall communicate them 
 to the contracting States, shall receive the votes 
 of the contracting States and shall announce 
 the result of the vote. 
 
 Article 45 — The denunciation of the present 
 Convention shall take effect with regard only 
 to the State which shall have given notice of it. 
 Such notice shall not be given before January 
 1, 1922 (nineteen hundred and twenty -two) 
 and the denunciation shall not take effect until 
 at least one year after the giving of notice. 
 
 Notices under this article shall be given to the 
 Ministry of Foreign Affairs of the French Re- 
 public, who shall communicate them to the con- 
 tracting States. 
 
 Done at Paris, 1919, in the Enghsh and 
 French languages, which shall be of equal va- 
 lidity and authority, in a single copy which shall 
 remain deposited in the archives of the French 
 Government, and duly certified copies of which 
 shall be sent, through the diplomatic channel, to 
 the contracting States. 
 
 Annex A — ^The Marking of Aircraft 
 
 General,: (a) The nationality mark will 
 be represented by capital letters in Roman char- 
 acters — e.g. 
 
 France F. 
 
 The registration mark shall be represented by 
 a group of four capital letters ; each group shall 
 contain at least one vowel, and for this purpose 
 the letter Y shall be considered as a vowel. 
 The complete group of five letters shall be used 
 as a call sign of the particular aircraft in mak- 
 ing or receiving signals by wireless telegraphy 
 or other methods of communication, except 
 when opening up communication by means of 
 visual signals, when the usual methods will be 
 employed. The nationality and registration 
 marks are assigned in accordance with the table 
 contained in section VIII of this Annex. 
 
 (&) On aircraft other than State and com- 
 mercial, the registration mark shall be under- 
 lined with a black line. 
 
 (c) The entry in the register and the certifi- 
 cate of registration shall contain a description 
 of the aircraft and shall indicate the nvimber or 
 other identification mark given to it by the 
 maker; the nationality and registration marks 
 mentioned above; the usual station of the air- 
 craft; the full name, nationality, and residence 
 of the owner and the date of registration. 
 
 (d) All aircraft shall carry affixed to the car 
 or to the fuselage in a prominent position a 
 metal plate, inscribed with the names and resi- 
 dence of the owner and the marks of nation- 
 ality and registration. 
 
 (Here follows a Provisional Forrn of the Cer- 
 tificate of Registration.) 
 
 Notes 
 
22 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Location of Mauks — The nationality and 
 registration marks shall be painted in black on 
 a white ground in the following manner : — 
 
 (a) Flying Machines — The marks shall be 
 painted once on the lower surface of the lower 
 main planes and once on the upper surface of 
 the top main planes, the top of the letters to be 
 towards the leading edge. Thej^ shall also be 
 painted along each side of the fuselage between 
 the main planes and the tail planes. In cases 
 where the machine is not provided with a fuse- 
 lage the marks shall be painted on the nacelle. 
 
 (&) Airships and Balloons — In the case of 
 airships the marks shall be painted near the 
 maximum cross section on both sides and on the 
 upper surface equidistant from the letters on 
 the sides. 
 
 In the case of balloons the marks shall be 
 painted twice near the maximum horizontal cir- 
 cumference, as far as possible from one another. 
 
 In the case both of airships and balloons the 
 side marks shall be visible both from the sides 
 and ground. 
 
 Additional Location of Nationality 
 Marks; (a) Flying Machines and Airships — 
 The nationality mark shall also be painted on 
 the left and right sides of the lower surface of 
 the lowest tail planes or elevators and also on 
 the upper surface of the top tail planes or ele- 
 vators, whichever is the larger. It shall also be 
 painted on both sides of the rudder, or on the 
 outer sides of the outer rudders if more than 
 one rudder is fitted. 
 
 (b) Balloons — The nationality mark shall be 
 painted on the basket. 
 
 Measurements of Nationality and Reg- 
 istration Marks — {a) Flying Machines — The 
 
 height of the marks on the main planes and tail 
 planes respectively shall be equal to four-fifths 
 of the chord, and in the case of the rudder shall 
 be as large as possible. The height of the 
 marks on the fuselage or nacelle shall be four- 
 fifths of the depth of the narrowest part of that 
 portion of the fuselage or nacelle on which the 
 marks are painted. 
 
 (&) Airships and Balloons — In the case of 
 airships, the nationality marks painted on the 
 tail plane shall be equal in height to four-fifths 
 of the chord of the tail plane and in the case 
 of the rudder the marks shall be as large as pos- 
 sible. The height of the other marks shall be 
 equal to at least one-twelfth of the circumfer- 
 ence at the maximum transverse cross section of 
 the airship. 
 
 In the case of balloons the height of the na- 
 tionality mark shall be four-fifths of the height 
 of the basket, and the height of the other marks 
 shall be equal to at least one-twelfth of the cir- 
 cumference of the balloon. 
 
 (c) General — In the case of all aircraft the 
 letters of the nationality and registration marks 
 need not exceed 25 metres in height. 
 
 JNIeasurement, Type of Letters^ &c. — (a) 
 The width of the letters shall be two-thirds of 
 their height and the thickness shall be one-sixth 
 of their height. The letters shall be painted 
 in plain block type and shall be uniform in shape 
 and size. A space equal to half the width of 
 the letters shall be left between the letters. 
 
 (b) In the case of undei-hned letters the 
 thickness of the line shall be equal to the thick- 
 ness of the letter and the space between the bot- 
 tom of the letters and the hne shall be equal to 
 the thickness of the line. 
 
 Notes 
 
A Handley-Page biplane marked as required by the international regulations. The letter "G" on the rear controls and on 
 the fuselage, connected with the other letters by hyphen, designates the nationality of the aircraft. The other letters repre- 
 sent the registration designation, the character of work in which the aircraft is engaged, etc. (See Annex A describing the 
 marking of aircraft.) 
 
 A Sopwith aerial limousine marked as required by the international regulations. 
 
 A French commercial transport Breguet biplane marked as required by the international regulations. 
 
 Face p. 22 
 
Two TwintMotored Curttss Seaplanes In Flight 
 
 The international regulations contain the following rules of the air: 
 
 A motor-driven aircraft must always manoeuvre according to the rules contained in the following paragraphs as soon as it is 
 apparent that, if it pursued its course, it would pass at a distance of less than 300 meters from any part of another aircraft. 
 
 When two motor-driven aircraft are meeting end on, or nearly end on each shall alter its course to the right. 
 
 When two motor-driven aircraft are on courses which cross, the aircraft which has the other on its own right side .shall keep 
 out of the way of the other. 
 
 y\n aircraft overtaliing any other shall keep out of the way of the overtaken aircraft liy altering its own course to the right, 
 and must not ]>ass by diving. 
 
 Every aircraft coming up with another aircraft from any direction more than 110 degrees from ahead of the latter, i.e., in 
 such a position with reference to the aircraft which it is overtaking tliat at night it would be unable to see either of that air- 
 craft's side lights, shall be deemed an overtaking aircraft, and no subsequent alteration of the bearing between the two aircraft 
 shall make the overtaking aircraft a crossing aircraft within the meaning of these rules, or relieve it of the duty of Iceeping 
 clear of the overtaken aircraft until it is finally past and clear. 
 
 As bv day the overtaking aircraft cannot always know with certainty whether it is forward or abaft the direction mentioned 
 above from Ihe other aircraft, it .should, if in doubt, assume that it is an overtaking aircraft and keep out of the way. 
 
 Where l)\' any of these rules one of the two aircraft is to kee]) out of the way, the other shall keep its course and speed. When, 
 In consequence of thick weather or other causes, the aircraft having the right of way finds itself so close that collision cannot be 
 avoided l)v the action of th? giving-way aircraft alone, it .shall take such action as will best aid to avert collision. 
 
 Every aircraft which is directed by these rules to keep out of the way of another aircraft shall, if the circumstances of the 
 case admit, avoid crossing ahead of the other. 
 
 In following an oificially recognized air route, every aircraft, when it is safe and practicable, shall keep to the right side of such 
 
 route. 
 
 All aircraft on land or sea, about to ascend shall not attempt to "take-off" until there is no risk of collision with slighting air- 
 craft. 
 
 Face p. 23 
 
TEXTBOOK OF AERIAL LAWS 
 
 23 
 
 Spacing Between Nationality and Regis- 
 tration Marks — Where the nationahty and 
 registration marks appear together, a hyphen 
 of a length equal to the width of one of the let- 
 ters shall be painted between the nationality 
 mark and registration mark. 
 
 Maintenance — The nationality and regis- 
 tration marks shall be displayed to the best pos- 
 sible advantage, taking into consideration the 
 constructional features of the aircraft. The 
 marks must be kept clean and visible. 
 
 Table or Marks — The nationahty mark of 
 the State named below applies to the aircraft 
 of its Dominions, Colonies, Protectorates, de- 
 pendencies, or of countries of which it is the 
 Mandatory State. 
 
 Country 
 
 United States of 
 America 
 
 British Empire. . - 
 
 France 
 
 Italy 
 
 Japan 
 
 Bolivia 
 
 Cuba 
 
 Portugal 
 
 Roumania 
 
 Uruguay 
 
 Czecho- Slovakia . . 
 
 Guatemala 
 
 Liberia 
 
 Brazil 
 
 Poland 
 
 Belgium 
 
 Peru 
 
 China 
 
 Honduras 
 
 Serhia-Croatia- 
 Slavonia 
 
 Haiti 
 
 Siam 
 
 Ecuador 
 
 Greece 
 
 Panama 
 
 Hedjaz 
 
 Nation- 
 ality 
 Mark 
 
 N 
 G 
 F 
 
 J 
 C 
 
 c 
 c 
 c 
 c 
 
 L 
 L 
 L 
 P 
 P 
 O 
 O 
 X 
 X 
 
 X 
 
 H 
 H 
 
 E 
 
 S 
 S 
 A 
 
 All comhinations made in accordance with 
 the provisions of Section 1 (a) of this An- 
 nex, using a group of 4 letters out of the 
 26 of the alphabet, each group containing 
 at least one vowel— e.^"., ADCJ, PURN 
 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All combinations 
 All comlii nations 
 All combinations 
 All combinations 
 All combinations 
 
 made 
 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 made 
 
 with B 
 with C 
 with P 
 with R 
 with U 
 with B 
 with G 
 with L 
 with B 
 with P 
 with B 
 with P 
 with C 
 withH 
 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 as first 
 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 letter 
 
 All combinations made with S as first letter 
 All combinations made with H as first letter 
 All combinations' made with S as first letter 
 All combinations made with E as first letter 
 All combinations made with G as first letter 
 All combinations made with P as first letter 
 All combinations made with H as first letter 
 
 Annex B — Certificates of Airworthiness 
 
 The following main conditions govern the is- 
 sue of certificates of airworthiness : — 
 
 1. The design of the aircraft in regard to 
 safety shall conform to certain standard mini- 
 mum requirements. 
 
 2. A satisfactory demonstration must be 
 made in flying trials of the actual flying qualities 
 of the type of aircraft examined, provided that 
 machines subsequently manufactured which con- 
 form to the approved type need not be subject 
 to such trials. The trials shall conform to cer- 
 tain standard minimum requirements. 
 
 3. The construction of every aircraft with re- 
 gard to workmanship and materials must be ap- 
 proved. The control of the construction and 
 of the tests shall be in accordance with certain 
 standard minimum requirements. 
 
 4. The aircraft must be equipped with suit- 
 able instruments for safe navigation. 
 
 5. The standard minimum requirements of 
 paragraphs 1 to 3 inclusive shall be fixed by the 
 International Commission for Air Navigation. 
 Until they have been so fixed each contracting 
 State shall determine the regulations under 
 which certificates of airworthiness shall be 
 granted or remain valid. 
 
 Annex C — Log Books 
 
 Journey Log — This shall be kept for all air- 
 craft and shall contain the following particu- 
 lars : — 
 
 (a) Category to which the aircraft belongs; 
 its nationality and registration marks; the full 
 name, nationality and residence of the owner; 
 name of maker and the carrying capacity of the 
 aircraft. 
 
 (b) In addition for each journey — 
 
 (i) The names, nationality and residence of 
 each of the members of the crew. 
 
 (it) The place, date, and hour of departure, 
 the route followed, and all incidents en route 
 including landings. 
 
 Notes 
 
24 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Aircraft Log — This is obligatory only in the 
 case of aircraft carrying passengers or goods 
 for hire, and shall contain the following par- 
 ticulars : — 
 
 (a) Category to which the aircraft belongs; 
 its nationality and registration marks; the full 
 name, nationality and residence of the owner; 
 name of maker and the carrying capacity of the 
 aircraft. 
 
 (b) Type and series number of engine; type 
 of propeller showing number, pitch, diameter 
 and maker's name. 
 
 (c) Type of wireless apparatus fitted. 
 
 (d) Table showing the necessary rigging 
 data for the inf orm^ition of persons in charge of 
 the aircraft and of its maintenance. 
 
 (e) A fully de?tailed engineering record of 
 the life of the aircraft, including all acceptance 
 tests, overhauls, replacements, repairs and all 
 works of a like nature. 
 
 Engine Log — This is obligatory only in the 
 case of engines installed in aircraft carrying 
 passengers or goods for hire, and in such cases 
 a separate log book shall be kept for each en- 
 gine and shall always accompany the engine. 
 It shall contain the following particulars: — 
 
 (a) Type of engine, series number, maker's 
 name, power, normal maximum revolutions of 
 engine, date of production and first date put 
 into service. 
 
 (6) Registration mark and type of aircraft 
 in which the engine has been installed. 
 
 (c) A fully detailed engineering record of 
 the life of the engine, including all acceptance 
 tests, hours run, overhauls, replacements, re- 
 pairs, and all work of a like nature. 
 
 Signal Log — This is obligatory only in the 
 
 case of aircraft carrying passengers or goods 
 for hire, and shall contain the following par- 
 ticulars : — 
 
 (a) Category to which the aircraft belongs; 
 its nationahty and registration marks; the full 
 name, nationality and residence of the owner. 
 
 (&) Place, date, and time of the transmis- 
 sion or reception of any signal. 
 
 (c) Name or other indication of the person 
 or station to whom a signal is sent or from whom 
 a signal is received. 
 
 Instructions for use of Log Books — (a) 
 The constructor should fill in and sign the orig- 
 inal entries in the log books, as far as he is in a 
 position to do so. Subsequent entries should 
 be made and signed by the pilot or other com- 
 petent person. 
 
 (b) A copy of the certificate of airworthi- 
 ness should be kept in the pocket at the end of 
 the aircraft log book. 
 
 (c) All entries to be in ink, except in the case 
 of journey and signal log books; the entries for 
 these may be made in pencil in a rough note 
 book, but should be entered in ink in the log 
 book every 24 hours. In the event of any offi- 
 cial investigation the rough note book may be 
 called for. 
 
 (d) No erasures should be made in, nor 
 pages torn from, any log book. 
 
 (e) A copy of these instructions should be 
 inserted in each log book. 
 
 Annex D — Rules of the Air 
 
 Definitions — The word "aircraft" com- 
 prises all balloons, whether fixed or free, kites, 
 airships, and flying machines. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 25 
 
 The word "balloon," either fixed or free, shall 
 mean an aircraft using gas lighter than air as a 
 means of support, and having no means of pro- 
 pulsion. 
 
 The word "airship" shall mean an aircraft 
 using gas lighter than air as a means of support, 
 and having means of propulsion. 
 
 The words "flying machine" shall mean all 
 aeroplanes, seaplanes, flying boats, or other air- 
 craft heavier than air, and having means of pro- 
 pulsion. 
 
 An airship is deemed to be "under way" 
 within the meaning of these rules when it is not 
 made fast to the ground or any object on land 
 or water. 
 
 Rules as to Lights and Signals 
 
 The word "visible" in these rules when ap- 
 plied to lights shall mean visible on a dark night 
 with a clear atmosphere. The angular limits 
 laid down in these rules as shown in the sketch 
 (attached) shall be determined when the air- 
 craft is in its normal attitude for flying on a rec- 
 tilinear horizontal course. 
 
 1. The rules concerning lights shall be com- 
 plied with in all weathers from sunset to sunrise, 
 and during such time no other lights which may 
 be mistaken for the prescribed lights shall be 
 exhibited. The prescribed navigation lights 
 must not be dazzhng. 
 
 2. A flying machine, when in the air or ma- 
 noeuvring on land or water under its own power, 
 shall carry the following lights: — 
 
 (a) Forward, a white light visible in a di- 
 hedral angle of 220 degs. bisected by a vertical 
 plane through the line of flight, and of such a 
 character as to be visible at a distance of at least 
 8 kilometres. 
 
 (fe) On the right side, a green light so con- 
 structed and fixed as to show an unbroken light 
 between two vertical planes whose dihedral an- 
 gle is 110 degs. when measured to the right from 
 dead ahead, and of such a character as to be 
 visible at a distance of at least 5 kilometres. 
 
 (c) On the left side, a red light so con- 
 structed and fixed as to show an unbroken light 
 between two vertical planes whose dihedral an- 
 gle is 110 degs. when measured to the left from 
 
 Sketch plan of lights 
 the aipcnaift 
 
 Afb 
 
 Vertical Platne 
 
 Fore 
 
 through fine or Highb 
 
 Gre' 
 
 Notes 
 
26 
 
 TEXTBOOK OF AERIAL LAWS 
 
 dead ahead, and of such a character as to be 
 visible at a distance of at least 5 kilometres. 
 
 (d) The said green and red side lights shall 
 be fitted so that the green light shall not be seen 
 from the left side, nor the red light from the 
 right side. 
 
 {e) At the rear, and as far aft as possible, a 
 white light shining rearwards and visible in a 
 dihedral of 140 degs. bisected by a vertical plane 
 through the line of flight and of such a char- 
 acter as to^be visible at a distance of at least 5 
 kilometres. 
 
 (/) In the case where, in order to fulfil the 
 above conditions, the single hght has to be re- 
 placed by several lights, the field of visibility 
 of each of these lights should be go limited tha* 
 only one can be seen at a time. 
 
 3. The rules determined for the lighting of 
 flying machines shall apply to airships subject 
 to the following modifications : — 
 
 (ft) All lights shall be doubled; the forward 
 and aft fights vertically, and the side lights 
 horizontally in a fore and aft direction. 
 
 (b) Both lights of each pair forward and aft 
 shall be visible at the same time. 
 
 The distance between the lights comprising a 
 pair shall not be less than 2 metres. 
 
 4. An airship, when being towed, shall carry 
 the lights specified in paragraph 3, and, in ad- 
 dition, those specified in paragraph 6 for air- 
 ships not under control. 
 
 5. (a) A flying machine, or airship, when on 
 the surface of the water, and when not under 
 control, that is to say, not able to manoeuvre as 
 required by the Regulations for the Prevention 
 of Collisions at Sea, shall carry two red lights 
 not less than 2 metres apart one over the other. 
 
 and of such a character as to be visible all 
 around the horizon at a distance of at least 3 
 kilometres. 
 
 (b) The aircraft referred to in this para- 
 graph, when not making way through the water, 
 shall not carry the side lights, but when making 
 way shall carry them. 
 
 6. An airship which from any cause is not un- 
 der control, or which has voluntarily stopped 
 her engines shall, in addition to the other speci- 
 fied lights, display conspicuously two red fights, 
 one over the other, not less than 2 metres apart, 
 and constructed to show a light in all directions, 
 and of such a character as to be visible at a dis- 
 tance of at least 3 kilometres. 
 
 By day an airship, when being towed, which 
 from any cause is not under control, shall dis- 
 play conspicuously two black balls or shapes, 
 each 60 cms. in diameter, placed one over the 
 other not less than 2 metres apart. 
 
 An airship moored, or under way but having 
 voluntarily stopped its engines, shall display 
 conspicuously by day a black ball or shape, 60 
 cms. in diameter, and shall be treated by other 
 aircraft as being not under control. 
 
 7. A free balloon shall carry one bright white 
 light below the car at a distance of not less than 
 5 metres, and so constructed as to show an un- 
 broken light in all directions, and of such a char- 
 acter as to be visible at a distance of at leasit 3 
 kilometres. 
 
 8. A fixed balloon shall carry in the same 
 position as the white light mentioned in para.- 
 graph 7, and in fieu of that hght, three lights in 
 a vertical line one over the other, not less than 
 2 metres apart. The highest and lowest of these 
 lights shall be red, and the middle light shall 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 27 
 
 be white, and they shall be of such a character 
 as to be visible in all directions at a distance of 
 at least 3 kilometres. 
 
 In addition, the mooring cable shall have at- 
 tached to it at intervals of 300 metres, meas- 
 ured from the basket, groups of three lights sim- 
 ilar to those mentioned in the preceding para- 
 graph. In addition, the object to which the 
 balloon is moored on the ground shall have a 
 similar group of lights to mark its position. 
 
 By day the mooring cable shall carry in the 
 same position as the groups of lights mentioned 
 in the preceding paragraph, and in lieu thereof, 
 tubular streamers not less than 20 cms. in diam- 
 eter and 2 metres long, and marked with al- 
 ternate bands of white and red, 50 cms. in width. 
 
 9. An airship when moored near the ground 
 shall carry the lights specified in paragraphs 2 
 (a) and (e) and 3. 
 
 In addition, if moored but not near the 
 ground, the airship, the mooring cable, and the 
 object to which moored, shall be marked in ac- 
 cordance with the provisions of paragraph 8, 
 whether by day or by night. 
 
 Sea anchors or drogues used by airships for 
 mooring purposes at sea are exempt from this 
 regulation. 
 
 10. A flying machine stationary upon the 
 land or water but not anchored or moored shall 
 carry the lights specified in paragraph 2. 
 
 Preventing Collisions with Surface Craft 
 
 11. In order to prevent collisions with sur- 
 face craft: — 
 
 (a) A flying machine when at anchor or 
 moored on the water shall carry forward, where 
 
 it can best be seen, a white light, so constructed 
 as to show an unbroken light visible all round 
 the horizon at a distance of at least 2 kilometres. 
 
 (b) A flying machine of 50 metres or up- 
 wards in length, when at anchor or moored on 
 the water, shall, in the forward part of the fly- 
 ing machine, carry one such light, and at or near 
 the stern of the flying machine, and at a height 
 that it shall not be less than 5 metres lower than 
 the forward hght, another such light. 
 
 The length of a flying machine shall be 
 deemed to be the overall length. 
 
 (c) Flying machines of 50 metres or up- 
 wards in span, when at anchor or moored in the 
 water, shall in addition carry at each lower wing 
 tip one light as specified in (a) of this para- 
 graph. 
 
 The span of a flying machine shall be deemed 
 to be the maximum lateral dimension. 
 
 12. In the event of the failure of any of the 
 lights specified under these rules to be carried 
 by aircraft flying at night, such aircraft shall 
 land at the first reasonably safe opportunity. 
 
 13. Nothing in these rules shall interfere with 
 the operation of any special rules made by the 
 Government of any State with respect to the 
 additional station or signal lights for two or 
 more military aircraft, or for aircraft in forma- 
 tion, or with the exhibition of recognition sig- 
 nals adopted by owners of aircraft which have 
 been authorised by their respective Govern- 
 ments and duly registered and pubhshed. 
 
 Rules as to Signals — 14 (a) Aircraft wish- 
 ing to land at night on aerodromes having a 
 ground control shall before landing: — 
 
 Fire a green Very's hght or flash a green 
 lamp, and in addition shall make by interna- 
 
 Notes 
 
28 
 
 TEXTBOOK OF AERIAL LAWS 
 
 tional Morse code the letter-group forming its 
 call-sign. 
 
 (&) Permission to land will be given by the 
 repetition of the same call-sign from the ground, 
 followed by: — 
 
 A green Very's light or flashing a green 
 lamp. 
 
 15. The firing of a red Very's light or the 
 display of a red flare from the ground shall be 
 taken as an instruction that aircraft are not to 
 land. 
 
 16. An aircraft compelled to land at night 
 shall, before landing, fire a red Very's light or 
 make a series of short flashes with. the naviga- 
 tion lights. 
 
 17. When an aircraft is in distress and re- 
 quires assistance, the following shall be the sig- 
 nals to be used or displayed, either together or 
 separately : — 
 
 (a) The international signal, S O S, by 
 means of visual or wireless signals. 
 
 (b) The international code flag signal of dis- 
 tress, indicated by NC. 
 
 (c) The distant signal, consisting of a square 
 flag having either above or below a ball, or any- 
 thing resembling a ball. 
 
 (d) A continuous sounding with any sound 
 apparatus. 
 
 (e) A signal, consisting of a succession of 
 white Very's lights fired at short intervals. 
 
 18. To warn an aircraft that it is in the vi- 
 cinity of a prohibited zone and should change 
 its course, the following signals shall be used : — 
 
 (a) By day: three discharges at intervals of 
 10 seconds, of a projectile showing, on burst- 
 ing, white smoke, the location of the burst in- 
 dicating the direction the aircraft should follow. 
 
 (b) By night: three discharges, at intervals 
 of 10 seconds, of a projectile showing, on burst- 
 ing, white stars, the location of the burst indi- 
 cating the direction the aircraft should follow. 
 
 19. To require an aircraft to land, the fol- 
 lowing signals shall be used: — 
 
 (a) By day: three discharges, at intervals of 
 10 seconds, of a projectile showing on bursting 
 black or yellow smoke. 
 
 (&) By night: three discharges, at intervals 
 of 10 seconds, of a projectile showing on burst- 
 ing red stars or hghts. 
 
 In addition, when necessary to prevent the 
 landing of aircraft other than the one ordered, 
 a searchlight which shall be flashed intermit- 
 tently shall be directed towards the aircraft 
 whose landing is required. 
 
 20 — (a) In the event of fog or mist render- 
 ing aerodromes invisible, their presence may be 
 indicated by a balloon acting as an aerial buoy 
 and of other approved means. 
 
 (b) In fog, mist, falling snow or heavy rain- 
 storm, whether by day or night, an aircraft on 
 the water shall make the following sound sig- 
 nals with a sound apparatus: — 
 
 (1) If not anchored or moored, a sound at 
 intervals of not more than two minutes, consist- 
 ing of two blasts of about five seconds' duration 
 with an interval of about one second between 
 them. 
 
 (2) If at anchor or moored, the rapid ring- 
 ing of an efficient bell or gong for about five 
 seconds at intervals of not more than one min- 
 ute. 
 
 Rules of the Air 
 
 21. Flying machines shall always give way to 
 balloons, fixed or free, and to airships. Air- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 29 
 
 ships shall always give way to balloons, whether 
 fixed or free. 
 
 22. An airship, when not under its own con- 
 trol, shall be classed as a free balloon. 
 
 23. Risk of collision can, when circumstances 
 permit, be ascertained by carefully watching the 
 compass bearing and angle of elevation of an 
 approaching aircraft. If neither the bearing 
 nor the angle of elevation appreciably change, 
 such risk shall be deemed to exist. 
 
 24. The term "risk of collision" shall include 
 risk of injury due to undue proximity of other 
 aircraft. Every aircraft that is required by 
 these rules to give way to another to avoid col- 
 lision shall keep a safe distance, having regard 
 to the circumstances of the case. 
 
 25. While observing the rules regarding risk 
 of collision contained in paragraph 24, a motor- 
 driven aircraft must always manoeuvre accord- 
 ing to the rules contained in the following para- 
 graphs as soon as it is apparent that, if it pur- 
 sued its course, it would pass at a distance of 
 less than 200 metres from any part of another 
 aircraft. 
 
 26. When two motor-driven aircraft are meet- 
 ing end on, or nearly end on, each shall alter its 
 course to the right. 
 
 27. When two motor-driven aircraft are on 
 courses which cross, the aircraft which has the 
 other on its own right side shall keep out of the 
 way of the other. 
 
 28. An aircraft overtaking any other shall 
 keep out of the way of the overtaken aircraft 
 by altering its own course to the right, and 
 must not pass by diving. 
 
 Every aircraft coming up with another air- 
 craft from any direction more than 110 degs. 
 
 from ahead of the latter, i.e., in such a position 
 with reference to the aircraft which it is over- 
 taking that at night it would be unable to see 
 either of that aircraft's side lights, shall be 
 deemed to be an overtaking aircraft, and no 
 subsequent alteration of the bearing between 
 the two aircraft shall make the overtaking air- 
 craft a crossing aircraft within the meaning of 
 these rules, or relieve it of the duty of keeping 
 clear of the overtaken aircraft until it is finally 
 past and clear. 
 
 As by day the overtaking aircraft cannot al- 
 ways know with certainty whether it is forward 
 or abaft the direction mentioned above from the 
 other aircraft, it should, if in doubt, assume that 
 it is an overtaking aircraft and keep out of the 
 way. 
 
 29. Where by any of these rules one of the 
 two aircraft is to keep out of the way, the other 
 shall keep its course and speed. When, in con- 
 sequence of thick weather or other causes, the 
 aircraft having the right of way finds itself so 
 close that collision cannot be avoided by the ac- 
 tion of the giving-way aircraft alone, it shall 
 take such action ks will best aid to avert col- 
 lision. 
 
 30. Every aircraft which is directed by these 
 rules to keep out of the way of another aircraft 
 shall, if the circumstances of the case admit, 
 avoid crossing ahead of the other. 
 
 31. In following an officially recognised air 
 route every aircraft, when it is safe and prac- 
 ticable, shall keep to the right side of such route. 
 
 32. All aircraft on land or sea about to as- 
 cend shall not attempt to "take-off" until there 
 is no risk of collision with alighting aircraft. 
 
 33. Every aircraft in a cloud, fog, mist, or 
 
 Notes 
 
30 
 
 TEXTBOOK OF AERIAL LAWS 
 
 other conditions of bad visibility shall proceed 
 .with caution, having careful regard to the exist- 
 ing circumstances and conditions. 
 
 34. In obeying and construing these rules, 
 due regard shall be had to all dangers of navi- 
 gation and collision and to any special circum- 
 stances which may render a departure from the 
 above rules necessary in order to avoid imme- 
 diate danger. 
 
 Ballast 
 
 35. The dropping of ballast other than fine 
 sand or water from aircraft in the air is pro- 
 hibited. 
 
 Rules for Air Traffic on and in the Vicinity of 
 Aerodromes 
 
 36. At every aerodrome there shall be a flag 
 hoisted in a prominent position which shall in- 
 dicate that if an aircraft about to land or leave 
 finds it necessary to make a circuit, or partial 
 circuit, such circuit shall be left-handed (anti- 
 clockwise) or right-handed (clockwise), accord- 
 ing to the colour of the flag. A white flag shall 
 indicate a right-handed circuit, i.e., that the flag 
 is kept to the right side or side which carries 
 the green light of the aircraft, and a red flag 
 shall indicate a left-handed circuit, i.e., that the 
 red flag is kept to the left side or side which 
 carries the red light of the aircraft. 
 
 37. When an aeroplane starts from an aero- 
 drome it shall not turn until 500 metres dis- 
 tance from the nearest point of the aerodrome, 
 and the turning then must conform with the 
 regulations provided in the preceding para- 
 graph. 
 
 38. All aeroplanes flying between 500 and 
 1,000 metres distance from the nearest point of 
 an aerodrome shall conform to the above-men- 
 tioned circuit law, imless such aeroplanes are 
 flying at a greater height than 2,000 metres. 
 
 39. Acrobatic landings are prohibited at 
 aerodromes of contracting States used for inter- 
 national aerial trafiic. Aircraft are prohibited 
 from engaging in aerial acrobatics within a dis- 
 tance of at least 2,000 metres from the nearest 
 point of such aerodromes. 
 
 40. At every recognised aerodrome the di- 
 rection of the wind shall be clearly indicated l)y 
 one or more of the recognised methods, e.g., 
 landing tee, conical steamer, smudge fire, etc. 
 
 Aerodrome Rules for Taking Off and 
 Landing 
 
 41. Every aeroplane when taking off or 
 alighting on a recognised aerodrome used for 
 international air traflic shall do so up-wind, ex- 
 cept when the natural conditions of the aero- 
 drome do not permit. 
 
 42. In the case of aeroplanes approaching 
 aerodromes for the purpose of landing, the aero- 
 planes flying at the greater height shall be re- 
 sponsible for avoiding the aeroplane at the lower 
 height, and shall as regards landing observe the 
 rules of paragraph 28 for passing. 
 
 43. Aeroplanes showing signals of distress 
 shall be given free way in attempting to make 
 a landing on an aerodrome. 
 
 44. Every aerodrome shall be considered to 
 consist of three zones when looking up-wind. 
 The right-hand zone shall be the taking-off 
 zone, and the left-hand shall be the landing- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 31 
 
 zone. Between these there shall be a neutral 
 zone. An aeroplane when landing should at- 
 tempt to land as near as possible to the neutral 
 zone, but in any case on the left of any aero- 
 planes which have already landed. After slow- 
 ing up or coming to a stop at the end of its 
 landing run, an aeroplane will immediately taxi 
 into the neutral zone. Similarly, an aeroplane 
 when taking off shall keep as far as possible 
 towards the right of the taking-off zone, but 
 shall keep clear to the left of any aeroplanes 
 which are taking off or about to take off. 
 
 45. No aeroplane shall commence to take off 
 until the preceding aeroplane is clear of the 
 aeroplane. 
 
 Night Landings 
 
 46. The above rules shall apply equally to 
 night landings on aerodromes, when the signals 
 shall be as follows : 
 
 (a) A red light shall indicate a left-hand cir- 
 cuit, and a green light shall indicate a right- 
 hand circuit {see paragraph 36). The right- 
 hand zone will be marked by white lights placed 
 in the position of an "L," and the left-hand zone 
 will be similarly marked. The "L's" shall be 
 back to back, that is to say, the long sides of the 
 "L's" will indicate the borders of the neutral 
 zone, the direction of landing shall invariably 
 be along the long arm of the "L," and towards 
 the short arm. The lights of the "L's" should 
 be so placed that the lights indicating the top 
 extremity of the long arm shall be the nearest 
 point on the aerodrome upon which an aero- 
 plane can safely touch ground. The lights in- 
 dicating the short arm of the "L" should indi- 
 cate the limit of safe landing ground for the 
 
 aeroplanes, that is, that the aeroplane should 
 not over-run the short arm (see Diagram A). 
 
 Lighting for Aerodromes 
 
 (b) Where it is desired to save lights and 
 personnel the following system may be used: — 
 
 Two lights shall be placed on the windward 
 side of the aerodrome to mark the limits of the 
 neutral zone mentioned in paragraph 44, the 
 line joining the lights being at right angles to 
 the direction of the wind. Two more lights 
 shall be placed as follows: one on the leeward 
 side of the aerodrome on the line drawn parallel 
 to the direction of the wind and passing midway 
 between the two lights on the windward side, 
 to show the extent of the aerodrome and the 
 direction of the wind, and the other shall be 
 placed midway between the two lights marking 
 the limits of the neutral zone {see Diagram B) . 
 
 Additional lights may be symmetrically put 
 along the boundary lines of the neutral zone, 
 and on the ends of the taking-off and landing 
 zones on the line through the three lights on the 
 windward side. 
 
 47. No fixed balloon, kite, or moored airship 
 shall be elevated in the vicinity of any aero- 
 drome without a special authorisation, except 
 in the cases provided for in paragraph 20. 
 
 48. Suitable markings shall be placed on all 
 fixed obstacles dangerous to flying within a zone 
 of 500 metres of all aerodromes. 
 
 General 
 
 49. Every aircraft manoeuvring under its 
 own power on the water shall conform to the 
 Regulations for Preventing Collisions at Sea, 
 and for the purposes of these regulations shall 
 
 Notes 
 
32 
 
 TEXTBOOK OF AERIAL LAWS 
 
 B 
 
 o»Li9ht6. ^ ^^^^dary o^ ^^ 
 
 Lights ^ ^°un6Bv:j ^^ 
 
 be deemed to be a steam-vessel, but shall carry 
 the lights specified in the preceding rules, and 
 not those specified for steam-vessels in the Reg- 
 ulations for Preventing Collisions at Sea, and 
 shall not use, except as specified in paragraphs 
 17 and 20 above, or be deemed to hear the sound 
 signals specified in the above-mentioned Reg- 
 ulations. 
 
 50. Nothing in these rules shall exonerate 
 any aircraft, or the ovi^ner, pilot or crew thereof, 
 from the consequences of any neglect to carry 
 lights or signals, or of any neglect to keep a 
 proper lookout, or of the neglect of any pre- 
 caution which may be required by the ordinary 
 practice of the air, or by the special circum- 
 stances of the case. 
 
 51. Nothing in these rules shall interfere with 
 the operation of any special rule or rules duly 
 made and pubhshed relative to navigation of air- 
 
 craft in the immediate vicinity of any aerodrome 
 or other place, and it shall be obhgatory on all 
 owners, pilots, or crews of aircraft to obey such 
 rules. 
 
 Annex E — Minimum Qualifications for Ob- 
 taining Certificates as Pilots and 
 Navigators 
 
 Ceetificates for Pilots of Flying Ma- 
 chines. (A) Private Pilot's Flying Cer- 
 tificate (not valid for purposes of public trans- 
 port) . 
 
 1. Practical Tests — In each practical test the 
 candidate must be alone in the flying macliine. 
 
 {a) Test for Altitude and Gliding Flight — 
 A flight without landing, during M'hich the pilot 
 shall remain for at least an hour at a minimum 
 altitude of 2,000 metres above the point of de- 
 parture. The descent shall finish with a glide, 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 33 
 
 the engines out off at 1,500 metres above the 
 landing ground. The landing shall be made 
 without restarting the engine and within 150 
 metres or less of a point fixed beforehand by 
 the official examiners of the test. 
 
 (&) Tests of Skill — A flight without landing 
 around two posts (or buoys) situated 500 
 metres apart, making a series of five figure-of- 
 eight turns, each turn reaching one of the two 
 posts (or buoys) . This flight shall be made at 
 an altitude of not more than 200 metres above 
 the ground (or water) without touching the 
 ground (or water). The landing shall be ef- 
 fected by : — 
 
 (i) Finally shuttmg off the engine or engines 
 at latest when the au'craft touches the ground 
 (or water) . 
 
 (ii) Finally stopping the flying machine 
 within a distance of 50 metres from a point 
 fixed by the candidate before starting. 
 
 2. Special Requirements — Knowledge of 
 rules as to Lights and Signals, and Rules of the 
 Air. Rules for Air Traffic on and in the vicin- 
 ity of Aerodromes. A practical knowledge of 
 international air legislation. 
 
 ( B ) PiLOT^s Flying Certificate for Fly- 
 ing Machines used for Purposes of Public 
 Transport. 
 
 1. Practical Tests — In each practical test the 
 candidate must be alone in the flying machine. 
 
 (a) The tests for altitude and gliding flight 
 and for skill are the same as those required for 
 a private pilot's flying certificate. Candidates 
 already in possession of the la'tter certificate are 
 not required to pass these tests again. 
 
 (&) Test of endurance consisting of a cross- 
 country or oversea flight of at least 300 kilome- 
 
 tres, after which the final landing shall be made 
 at the point of departure. This flight shall be 
 made in the saime flying machine within eight 
 hours. It shall include two obligatory landings 
 (during which the machine must come to rest) , 
 which shall not be at the point of departure, but 
 which shall be fixed by the judges. 
 
 At the time of departure the candidate shall 
 be informed of his course and furnished with the 
 appropriate map. The judges will decide 
 whether the course has been correctly followed. 
 
 (c) Night Flight — A thirty minutes' flight 
 made between two hours after sunset and two 
 hours before suni-ise, at a height of at least 500 
 metres. 
 
 2. Technical Examination — After satisfac- 
 tory practical tests have been passed, candidates 
 will, when summoned, submit themselves to ex- 
 amination on — 
 
 (a) Flying Machines — Theoretical knowl- 
 edge of the resistance of the air as concerns its 
 effect on wings and tail planes, rudders, eleva- 
 tors, and propellers; functions of the different 
 parts of the machine and of their controls. 
 
 Ass,embling of flying machine's and their dif- 
 ferent parts. 
 
 Practical tests on rigging. 
 
 (b) Engines — General knvjwledge of inter- 
 nal combustion engines, including functions of 
 the various parts; a general knowledge of the 
 construction, asseirfbling, adjustment, and 
 characteristics of aero-engines. 
 
 Causes of the faulty running of engines and 
 of breakdown. 
 
 Practical tests in running repairs. 
 
 (c) Special Requirements — Knowledge of 
 Rules as to Lights and Signals and Rules of the 
 
 Notes 
 
34 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Air, and Rules for Air Traffic on and in the 
 vicinity of Aerodromes. 
 
 Practical knowledge of the special conditions 
 of air traffic and of international air legislation. 
 
 Map reading, orientation, location of posi- 
 tion, elementary meteorology. 
 
 Remaeks — The practical tests shall be car- 
 ried out within a maximimi period of one month. 
 
 They may be carried out in any order, and 
 each may be attempted twice. They shall be 
 witnessed by properly accredited examiners, 
 who will forward the official reports to the pro- 
 per authorities. 
 
 The official reports will give the different in- 
 cidents, especially those of landings. The can- 
 didates shall furnish before each test proper 
 identity forms. 
 
 A barograph shall be carried on aU practical 
 tests, and the graph, signed by the examiners, 
 shall be attached to their report. 
 
 Pilots who hold the military pilot's certificate 
 shall be entitled to the private pilot's flying cer- 
 tificate, but, in order to obtain the pilot's flying 
 certificate for purposes of pubhc transport it 
 will be necessary to pass the technical condi- 
 tions for navigation as required by B (2) (c). 
 
 Certificates foe Pilots or Balloons. 
 
 1. Practical Tests — The candidate must have 
 completed the following certified ascents — 
 
 One by day; 3 ascents under instruction; 1 
 ascent in control under supervision; 1 ascent 
 alone in the balloon. 
 
 Two by night; 1 ascent alone in the balloon. 
 
 Each ascent shall be of at least two hours' 
 duration. 
 
 2. Theoretical Tests — Elementary aerostat- 
 ics and meteorology. 
 
 3. Special Requirements — General knowl- 
 edge of a balloon and its accessories, inflation, 
 rigging, management of an ascent, instruments, 
 precautions against cold and high altitudes. 
 
 Knowledge of Rules as to Lights and Signals 
 and Rules of the Air, Rules for Air Traffic on 
 and in the vicinity of aerodromes. 
 
 Practical knowledge of international air 
 legislation. Map reading and orientation. 
 
 Cebtificates foe Airship Officer Pilots. 
 
 Every airship officer pilot shall hate quaUfied 
 as pilot of a free balloon. 
 
 There shall be three classes of airship officer 
 pilots. 
 
 The holder of a second-class certificate is 
 qualified to conimand any airship. 
 
 The holder of a second-class certificate is 
 qualified to command airships under 20,000 
 cubic metres capacity. 
 
 The holder of a third-class certificate is quah- 
 fied to command airships under 6,000 cubic 
 metres capacity. 
 
 All military and naval airship officer pilots 
 are entitled to a third-class certificate. 
 
 All military and naval airship officer pilots 
 who have commanded airships over 6,000 cubic 
 metres capacity are entitled to a first-class cer- 
 tificate. 
 
 Qualifications foe Thied Class Ceetifi- 
 
 CATE. 
 
 Practical Tests — ( a ) Twenty certified flights 
 (three of which shall be by night) in an airship, 
 each flight being of at least one hour's duration. 
 In at least four of these flights the candidate 
 must have handled the airship himself, under the 
 supervision of the commanding officer of the air- 
 ship, including ascent and landing. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 35 
 
 (&) One cross-country flight on a predeter- 
 mined course of at least 100 kilometres, termi- 
 nating with a night landing, and made with a 
 dully authorised inspector on board. 
 
 Theoretical Examination — Aerostatics and 
 meteorology. (Density of gases, laws of Ma- 
 riotte and of Gay-Lussac; barometric pressure, 
 Archimedes principle, confinement of gases, in- 
 terpretation and use of meteorological informa- 
 tion and of weather charts.) 
 
 Physical and chemical properties of light 
 gases, and of materials used in the construction 
 of airships. 
 
 General theory of airships. 
 
 Dynamic properties of moving bodies in 
 air. 
 
 General Knowledge — Elementary knowledge 
 of internal combustion engines. 
 
 Elementary navigation, use of the compass, 
 location of position. 
 
 Inflation, stowage, rigging, handling, con- 
 trols and instruments. 
 
 Qualifications roR Second-Class Certifi- 
 cate. 
 
 Practical Tests — To be eligible for a second- 
 class certificate a candidate must be holder of a 
 third-class certificate and have at least four 
 months' service as a third-class officer on an air- 
 ship, and also have completed at least ten flights 
 as third-class officer on an airship of capacity 
 above 6,000 cubic metres, in which he has han- 
 dled the airship himself, including ascent and 
 landing, under the supervision of the command- 
 ing officer of the airship. 
 
 Theoretical Examination — Advanced knowl- 
 edge of the subjects required for the third-class 
 certificate. 
 
 Qualifications for First-Class Certifi- 
 cate. 
 
 Practical Tests — To be eligible for a first- 
 class certificate a candidate must be holder of 
 a second-class certificate, have at least two 
 months' active service as a second-class officer 
 on an airship, and also have completed at least 
 five flights as second-class officer of an airship 
 of capacity above 20,000 cubic metres, in which 
 he has handled the airship himself, including 
 ascent and landing, under the supervision of the 
 commanding officer of the airship. Each flight 
 must be at least of one hour's duration with a 
 minimum of 15 hours for the flve flights. 
 
 Certificate to Navigators. 
 
 Theoretical Examination — As required for a 
 second-class certificate. 
 
 Aircraft used for public transport carrying 
 more than 10 passengers and having to make a 
 continuous flight between two points more than 
 500 kilometres apart overland, or a night flight, 
 or a flight between two points more than 200 
 kilometres apart over sea, must have on board 
 a navigator who has been granted a certiflcate 
 as such after passing a theoretical and practical 
 examination in the following : — 
 
 1. Practical Astronomy — True and apparent 
 movements of the celestial bodies. Different 
 aspects of the celestial sphere. 
 
 Hour angles, mean, true, and astronomical 
 time. 
 
 Shape and dimensions of the earth. 
 
 Star globes and maps. 
 
 Method of determining latitude, longitude, 
 time and azimuth. 
 
 2. 'Navigation — Maps and charts — how to 
 read them. 
 
 Notes 
 
36 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Compass, magnetic meridian, variation, de- 
 viation. 
 
 Courses, bearings, and their corrections. 
 
 Compensation of compasses (technical and 
 practical) . 
 
 Calculations of azimuth. 
 
 Flight by dead reckoning, measure of the 
 relative speed, drift, traverse table. 
 
 Chronometer, chronometer rate, compari- 
 sons. 
 
 Sextants, adjustments. 
 
 Nautical almanac. 
 
 Determination of positions by means of bear- 
 ing and altitude of stars. 
 
 Knowledge of great circle navigation. 
 
 Aeronautical navigational instruments. 
 
 3. General Knowledge — International rules 
 for air and maritime navigation. 
 
 International air legislation. 
 
 Practical knowledge of meteorology and of 
 weather charts. 
 
 Medical Certificates 
 
 Ifiternational Medical Requirements for Air 
 Navigation — 1. Every candidate before obtain- 
 ing a licence as a pilot, navigator or engineer of 
 aircraft engaged in public transport will pre- 
 sent himself for examination by specially quali- 
 fied medical men (flight surgeons), appointed 
 by or acting under the authority of the con- 
 tracting State. 
 
 2. Medical supervision, both for the selection 
 and the maintenance of efficiency, shall be based 
 upon the following requirements of mental and 
 physical fitness: — 
 
 (a) Good family and personal history, with 
 particular reference to nervous stability. Ab- 
 
 sence of any mental, moral or physical defect 
 which will interfere with flying efficiency. 
 
 (&) The minimum age for pilots and navi- 
 gators engaged in public transport shall be 
 nineteen (19) years. 
 
 (c) General Surgical Examination — The 
 aeronaut must neither suffer from any wound, 
 injury or operation nor possess any abnormality, 
 congenital or otherwise, which will interfere 
 with the efficient and safe handling of aircraft. 
 
 (d) General Medical Examination — The 
 aeronaut must not suffer from any disease or 
 disability which renders him liable suddenly to 
 become incompetent in the management of air- 
 craft. He must possess heart, lungs, kidneys 
 and nervous system capable of withstanding the 
 effects of altitude and also the effects of pro- 
 longed flight. 
 
 (e) Eye Examination — The aeronaut must 
 possess a degree of visual acuity compatible with 
 the efficient performance of his duties. No 
 pilot or navigator shall have more than two (2) 
 dioptres of latent hypermetropia ; muscle bal- 
 ance must be good and commensurate with the 
 refraction. He must have a good field of vision 
 in each eye and must possess normal colour per- 
 ception. 
 
 (/) Ear Examination — The middle ear must 
 be healthy. The aeronaut must possess a de- 
 gree of auditory acuity compatible with the effi- 
 cient performance of his duties. 
 
 (g) The vestibular mechanism must be intact 
 and neither unduly hypersensitive or hyposen- 
 sitive. 
 
 {h) Nose and Throat Examination — The 
 aeronaut must possess free nasal air entry on 
 either side and not suffer from serious acute or 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 37 
 
 chronic affections of the upper respiratory tract. 
 
 3. Each contracting State shall for the pres- 
 ent fix its own methods of examination until 
 the detail of tests and the minimal standard of 
 requirements have been finally settled by the 
 authorised medical representatives of the Inter- 
 national Commission for Air Navigation. 
 
 4. The successful candidate will receive a 
 medical certificate of acceptance, which must be 
 produced before the licence can be issued. 
 
 5. In order to insure the maintenance of effi- 
 ciency, every aeronaut shall be re-examined 
 periodically, at least every six months, and the 
 findings shall be attached to his original record. 
 In case of illness or accident also, the aeronaut 
 shall be re-examined and pronounced fit before 
 resuming air duties. The date and result of 
 each re-examination shall be recorded on the 
 aeronaut's flying certificate. 
 
 6. No aeronaut who, before the date of the 
 present Convention, has given proof of his fly- 
 ing ability, shall, so long as he retains such abil- 
 ity, be necessarily disqualified because he fails 
 to fulfil all of the above requirements. 
 
 7. Each contracting State may raise the con- 
 ditions set forth above, as it deems fit, but these 
 minimal requirements shall be maintained inter- 
 nationally. 
 
 Annex F — International Aeronautical Maps 
 and Ground Markings 
 
 International maps shall be made and ground 
 marks established in accordance with the follow- 
 ing general principles : — 
 
 ]y[APS — 1, Two types of aeronautical maps 
 shall be used. They are hereafter mentioned as 
 general maps and local maps. 
 
 2. The index scheme for the aeronautical 
 maps, both general and local, shall be based on 
 the index scheme adopted for the "International 
 1 : 1,000,000 scale map" by the official Interna- 
 tional Congress convened for the purpose in 
 London in 1909 and in Paris in 1913. 
 
 Note — Extract from the resolutions 
 adopted by the Conferences at London and 
 Paris : 
 
 The sheets of the International 1 : 1,000,000 
 scale map shall include 6 degs. of longitude 
 and 4 degs. of latitude. The limiting meri- 
 dians of the sheets shall be at successive inter- 
 vals, reckoning from Greenwich, of 6 degs., 
 and the limiting parallels, reckoning from the 
 Equator, shall be at successive intervals of 4 
 degs. 
 
 The longitudinal sectors, from longitude 
 180 degs. E. or W. of Greenwich, are given 
 numbers from 1 to 60, increasing in an east- 
 erly direction. 
 
 The 22 zones of 4 degs. in depth, extending 
 from the Equator on each side to 88 degs. lati- 
 tude, are given letters from A to V. 
 
 The polar areas, extending for 2 degs., are 
 lettered Z. 
 
 In the northern hemisphere each sheet shall 
 bear a descriptive symbol composed of the let- 
 ter N, followed by the zone letter and sector 
 number corresponding to its position, thus 
 N.K.— 12. 
 
 In the southern hemisphere the letter S 
 shall replace the letter N. Example, 
 S.L.— 28. 
 
 3. The metre shall be used as the standard of 
 measurement for lengths, distances, heights and 
 
 Notes 
 
38 
 
 TEXTBOOK OF AERIAL LAWS 
 
 depths, reserving for each nation the right to 
 add figures expressing these quantities in its 
 own units. 
 
 4. The colours, symbols, and arrangements 
 for production adopted for the International 1 : 
 1,000,000 scale map shall be used as far as prac- 
 ticable on the aeronautical maps. 
 
 5. The general maps shall be drawn on Mer- 
 cator's projection and shall be to a scale of 1 
 deg. of longitude equals 3 centimetres. The 
 general maps shall have marked on them in fine 
 lines the meridians and parallels of each degree, 
 and the meridians and parallels Limiting the unit 
 sections of the 1: 1,000,000 map shall be ac- 
 centuated. The same designation of unit sec- 
 tions shall be used as for the 1 : 1,000,000 map. 
 
 6. Each general (Mercator) map shall bear 
 the French heading Carte Generale Aeronauti- 
 que Internationale {see the conventional sign 
 plate, Fig. 1.) , and under it a translation of this 
 heading in the language of the country publish- 
 ing the map. It shall also bear an appropriate 
 geographical name. 
 
 Each sheet shall show at least the following: 
 principal physical features and geographical 
 names, wireless stations, marine lighthouses 
 (height and range at sea level, colour and char- 
 acter of the light) ; national frontiers, prohibited 
 areas, principal air routes, lines of equal mag- 
 netic variation, South Polar distance, latitude, 
 old and new notation of longitude {see para- 
 graph 7), with an outer margin containing let- 
 ters and numbers referring to the index of the 
 1: 1,000,000 map, legend of symbols in Eng- 
 lish or French and in the language of the coun- 
 try pubhshing the maps, publisher's name, and 
 date of publication and of successive editions. 
 
 7. The local maps shall be drawn to a scale 
 of 1 : 200,000. 
 
 Note — For local aeronautical maps of 
 sparsely inhabited countries, the scale of 1: 
 500,000 or 1 : 1,000,000 as appropriate, may 
 be used. 
 
 In addition to the customary latitude and 
 longitude notations, the local aeronautical maps 
 shall bear numbers enclosed in rectangles, cor- 
 responding to a new system of co-ordinate 
 reckoning based on the antimeridian of Green- 
 wich and the South Pole. The new grid reck- 
 oning, with regard to latitude, shall commence 
 with the South Pole as zero and increase north- 
 ward by degrees and minutes to 180 degs. at the 
 North Pole, and with regard to longitude shall 
 commence with the antimeridian of Greenwich 
 as zero and run eastward by degrees and min- 
 utes to 360 degs. 
 
 8. Each unit sheet of the local aeronautical 
 maps shall bear the French heading Carte Nor- 
 male Aeronautique Internationale {see the con- 
 ventional sign plate, Fig. 2), and under it a 
 translation of this heading in the language of 
 the country publishing the map. It shall com- 
 prise one degree of latitude and one degree of 
 longitude, and shall be designated by a locality 
 name and by the new co-ordinates (described 
 in paragraph 7) on the south-west corner of the 
 sheet, the unit digits being accentuated. In 
 these designating co-ordinates, the figures re- 
 ferring to the South Polar distance shall in- 
 variably be written first. 
 
 Examples — The sheet whose southern 
 boundary is 49 degs. N. (i.e., 139 degs. South 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 39 
 
 Polar distance) and western boundary 2 degs. 
 E. (i.e., 182 degs. from the antimeridian of 
 Greenwich) will be numbered 139-182, 
 
 Or the sheet whose southern boundary is 
 36 degs. S. (i.e., 54 degs. South Polar dis- 
 tance) and western boundary 7 degs. W. (i.e., 
 173 degs. from the antimeridian of Green- 
 wich) will be numbered 54-173. 
 
 9. The local aeronautical unit sheets shall 
 show, as far as the data is known, the follow- 
 ing:— 
 
 (a) Within the limiting Meridians and 
 Parallels — Twenty -minute projection grid: 
 roads divided into two classes according to their 
 relative visibility from the air; railways of all 
 kinds, cities and towns in outline and the plan 
 of the principal public roads crossing them (vil- 
 lages similarly if practicable, otherwise their 
 positions indicated) ; principal features of the 
 surface water system; woodlands and other 
 areas unsuitable for landing, aerodromes, 
 hangars for airships, plants for balloon infla- 
 tion, permanent landing places on ground and 
 water, aeronautical ground marks, (beacons 
 and fixed navigational lights), marine light- 
 houses (height, range at sea level, colour and 
 character of the light) ; wireless stations, me- 
 teorological stations, overhead electric power 
 lines, remarkable objects, national frontiers, 
 prohibited areas, principal air routes, names of 
 important bodies of water, towns, and impor- 
 tant villages; the topographical relief by shad- 
 ing and figures indicating heights, the most im- 
 portant of which to be surrounded by an oval 
 
 ring as f 712 j 
 
 (b) Outside the limiting Meridians and 
 Parallels — ^A tile, consisting of the name desig- 
 nating the locality and the index numbers of the 
 sheet; a border scale graduated to minutes; the 
 names of the neighbouring sheets; latitude, 
 South Polar distance, old and new notation of 
 longitude {see paragraph 7) ; scale of kilome- 
 tres; legend of symbols in English or French 
 and in the language of the country publishing 
 the map ; magnetic variation diagram ; key map 
 showing abridged numbers of the sheet con- 
 cerned and the eight surrounding sheets; fron- 
 tiers and the names of the countries, parts of 
 which are embraced by the key map ; publisher's 
 name and date of publication. 
 
 10. The forms of the general and local maps, 
 titles, marginal notations, diagrams, and leg- 
 ends, shall be as shown by the accompanying 
 illustration. 
 
 11. The general and local aeronautical maps 
 and guide books of the areas traversed by the 
 most important routes which may be established 
 by international agreement shall be prepared 
 first. 
 
 Note — On account of the inadequacy of the 
 usual methods of topographic mapping for 
 making aeronautical maps, it is strongly rec- 
 ommended that steps be taken to survey from 
 the air the areas along the most important in- 
 ternational routes. Such surveys would fur- 
 nish indispensable information regarding the 
 features necessary to be shown on the maps 
 the aviator is to use. 
 
 Universal System of Ground Marks — 1. 
 All ground marks shall conform with the 
 
 Notes 
 
40 
 
 TEXTBOOK OF AERIAL LAWS 
 
 scheme of numbering adopted for the unit sheets 
 of the local international aeronautical maps. 
 
 For this purpose each mark shall show {see 
 diagrams) : — 
 
 (a) The abridged number which designates 
 the sheet within which it lies ; 
 
 (&) An open rectangle, whose short sides 
 shall be oriented north-south; the frames shall 
 be open towards the opposite half of the unit 
 sheet ; 
 
 (c) A dot indicating the approximate posi- 
 tion of the mark on the north or south half of the 
 corresponding unit sheet. 
 
 J3metrei J 
 
 Arrangement of mark for south half of unit sheet. 
 
 The short sides of the frame shall be oriented true 
 
 north-south. 
 
 The numbers shall be placed close to the frame 
 at the top, bottom or sides, but not inside. 
 
 Where marks are placed so close to each other 
 as to admit of possible confusion, the round dot 
 may be replaced by a square, triangular or star- 
 shaped dot. 
 
 It is recommended that the minimum dimen- 
 sions of the marks be those indicated in the 
 sketches. 
 
 2. Special attention shall be given to the dis- 
 tribution of marks along chosen international 
 routes. 
 
 Note — Steps to establish suitable marks for 
 landing at night shall be eventually taken, in 
 accordance with the decision of the Interna- 
 tional Commission for Air Navigation. 
 
 Annex G — Collection and Dissemination of 
 Meteorological Information 
 
 1. Nature and object of meteorological in- 
 formation to be furnished by Contracting 
 States: — 
 
 {A) "Statistical" is required for the purpose 
 of indicating the degree of safety and conven- 
 
 Arrangement of mark for north half of 
 
 unit sheet having the same orientation 
 
 of short sides. 
 
 ience of different routes or aerodromes for dif- 
 ferent tjrpes of aircraft. 
 
 It consists of: — 
 
 (a) Analysis and summaries of past me- 
 teorological records. 
 
 (&) Summaries of current observations., 
 
 (2?) "Current" is required for the purpose 
 of:— 
 
 (a) Keeping a current record of the weather. 
 
 (&) Making forecasts. 
 
 It consists of: — 
 
 1. The results of daily observations. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 41 
 
 2. Lists of active stations at which these ob- 
 servations are taken. 
 
 (C) "Forecasts" are for the purpose of tell- 
 ing all concerned when and where flying is pos- 
 sible and the best conditions for the same. They 
 are statements of conditions anticipated : — 
 
 (a) "Short period" during the next three or 
 four hours. 
 
 (b) "Normal" dm-ing the next twenty to 
 thirty hours. 
 
 (c) "Long period" during the next two or 
 three days. 
 
 (d) "Route" for particular region or route 
 during the next six hours. 
 
 2. Methods and times of furnishing the dif- 
 ferent types of information : — 
 
 (A) "Statistical" is furnished by Central 
 Meteorological Offices for general information. 
 
 (a) Analysis and summaries of past records 
 — by the pubhcation of special handbooks giv- 
 ing averages, frequencies and extremes of the 
 principal meteorological elements, together 
 with charts and diagrams; prominence to be 
 given to meteorological conditions of areas 
 known to have special meteorological peculiari- 
 ties. 
 
 (b) Summaries of current observations — by 
 the monthly publication of the information ob- 
 tained each month. 
 
 (B) "Current" is furnished by meteorologi- 
 cal offices to meteorological offices. 
 
 (a) Results of daily observations — tele- 
 graphically by: — 
 
 1. Regular reports at fixed hours {see Ap- 
 pendix I) and 
 
 2. By special reports at intermediate times 
 when requested (see Appendix II) . 
 
 (b) Lists of stations whenever necessary, to 
 keep other countries informed where observa- 
 tions are being taken, giving also local and 
 topographical details affecting weather condi- 
 tions at each station. 
 
 (c) "Forecasts" are furnished by meteoro- 
 logical offices for general information by publi- 
 cation in the public Press, telegraphically to 
 other countries if required, or any other, the 
 best, means to bring them to the notice of those 
 requiring them {see Appendix III). 
 
 Appendix I — Regular Reports 
 
 These are of two kinds: — 
 
 1. Individual station reports. 
 
 2. Collective station reports. 
 
 1. Individual station reports are the results 
 of observations of individual stations, taken at 
 0100, 0700, 1300, and (1800 or) 1900 G.M.T. 
 The reports are made as soon as the observa- 
 tion has been taken and are rendered to a cen- 
 tral collecting station or office; where reports 
 for only two of these hours are possible or suffi- 
 cient, the hours should be separated by an in- 
 terval of twelve hours. (It is recommended 
 that the standard hours be changed to 0300, 
 0900, 1500 and 2100 G.M.T. by international 
 agreement.) 
 
 Reports will give information on the follow- 
 ing, whenever possible: — 
 
 1. Wind. 
 
 2. Pressure. 
 
 3. Temperature and humidity. 
 
 4. Fog and visibility. 
 
 5. Clouds. 
 
 6. Precipitation. 
 
 Notes 
 
42 
 
 TEXTBOOK OF AERIAL LAWS 
 
 7. Thunderstorms, hurricanes, tornadoes, 
 dust-storms. 
 
 8. Other weather phenomena. 
 
 9. State of sea, 
 
 and also on upper air currents and upper air 
 temperature and humidity, from stations where 
 facilities are available for observation. 
 
 Reports will be m'ade in the general form and 
 in the codes given in Appendix IV. 
 
 2. Collective reports are a collection of the 
 individual reports received by a central station 
 or office and transmitted to other central offices. 
 They are of three classes : — 
 
 Class 1 — The central office in this case is usu- 
 ally the main office of a country ; it transmits its 
 reports, within 1V2 hours of the time the obser- 
 vations are taken at the individual stations, to 
 all main offices of other countries within a radius 
 of 1,500 kilometres. 
 
 Class 2 — These are reports made for the pur- 
 pose of giving countries over 1,500 kilometres 
 distant information essentiral to making their 
 own forecas.ts. The central office is that of a 
 selected State which possesses a high-power 
 wireless station capable of worldwide ranges 
 (minimum range 3,000 kilometres). The re- 
 port is made within three hours of the observa- 
 tions, and is a collection of reports selected from 
 the Class 1 reports and abridged {see Appen- 
 dix IV). It should include a forecast of con- 
 ditions in the country of origin. 
 
 Class 3 — These are local reports made by local 
 centres to other local centres (any within 500 
 kilometres). The report is a collection of re- 
 ports, selected from the Class 1 reports from 
 stations in the vicinity and abridged {see Ap- 
 
 pendix IV) . It is made within thirty minutes 
 of the time of observation. 
 
 Appendix II — Special Reports 
 
 Special reports give the results of continuous 
 observations at aerodromes having meteorologi- 
 cal stations on recognised air routes. They are 
 to be rendered within thirty minutes of a request 
 from a central office or a specified aerodrome on 
 the route. The maximum distance from which 
 these reports will be required is 500 kilometres. 
 The requests may take the form of a demand 
 for hourly reports. 
 
 The reports are rendered by telephone or 
 wireless, and may be from one country to an- 
 other in the case of an international air route. 
 The reports when made by telegram will be in 
 the form and code given in Appendix IV. 
 
 Appendix III — Forecasts 
 
 Short-period forecasts covering three to four 
 hours will give a statement of the anticipated 
 conditions of cloud, weather, surface wind and 
 visibility, together with direction and speed of 
 wind at heights of 1,000 and 2,000 metres, and 
 an estimate of meteorological fitness for differ- 
 ent types of aircraft. 
 
 Normal forecasts for twenty or thirty hours 
 will give similar information, but in more gen- 
 eral terms. 
 
 Long-period forecasts give a general state- 
 ment of the prospects for the next two or three 
 days. 
 
 Route forecasts are made twice daily by cen- 
 tral offices from information received from in- 
 dividual stations and will give a statement of 
 conditions anticipated in the different regions 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 43 
 
 or routes of the country for about six hours 
 ahead. 
 
 Appendix IV — General Form in which Reports 
 are to be Rendered and Codes for their Trans- 
 mission 
 
 Individual stations will be allotted station call 
 signs — i.e., an index group of letters or figures 
 which will be used in all reports to indicate the 
 station, and will also serve as the wireless call 
 sign. These should be internationally distinct. 
 
 The general form is given in meteorological 
 symbols or letters. For purposes of transmis- 
 sion an appropriate figure value is given to each 
 symbol or letter in accordance with the codes 
 given below. 
 
 METEOROLOGICAL SYMBOLS OR LETTERS AND 
 THEIR SIGNIFICATION. 
 
 Standard symbols. 
 
 BBB := barometer reduced to sea level and 
 expressed in millibars and tenths — 
 i.e., corrected for temperature 
 gravity and index error. The in- 
 itial 9 or 10 is omitted. 
 DD = direction of wind (true direction as 
 distinguished fro.m magnetic) at a 
 height of 10-15 metres above the 
 surface expressed on scale 1-72 
 {see Code XI). 
 F = force of wind on Beaufort scale 
 (wind above force 9 to be specially 
 noted at end of telegram) . 
 WW == present weather (Code I). 
 TT :^ temperature in degrees A (o°A = 
 — 273° C, 273° A = o°C), first 
 figure omitted. 
 
 A 
 
 L: 
 
 B = 
 
 M = 
 
 h = 
 
 WW 
 V 
 
 Hi: 
 
 S = 
 P- 
 
 bb: 
 
 Fi- 
 
 F^: 
 
 RR 
 
 MM 
 
 mm : 
 
 X: 
 
 form of low cloud (Code III) . 
 
 amount of low cloud (in tenths of 
 sky covered, amount 10 tele- 
 graphed at o). 
 
 form of medium or high cloud ( Code 
 III). 
 
 amount of medium or high cloud in 
 tenths. 
 
 height of base of low cloud (Code 
 IV (a)). 
 
 past weather (Code II). 
 
 visibility (Code V). 
 
 relative humidity (Code VI). 
 
 State of sea (Code VII). 
 
 characteristic of barometric ten- 
 dency (Code IX). 
 
 amount of barometric tendency in 
 half millibars per 3 hours; 50 
 added for negative tendencies. 
 
 fitness of weather conditions for fly- 
 ing machines (Code VIII (a) ). 
 
 fitness of weather conditions for air- 
 ships (Code VIII (6)). 
 
 rainfall; (i) in day; (ii) in night; in 
 millimetres and tenths. 
 
 maximum temperature in the day. 
 
 maximum temperature in the night. 
 
 reserve figure. 
 
 SPECIAL SYMBOLS FOR UPPER AIR CURRENTS. 
 
 H = height (Code IV (&)). 
 
 DD = direction on scale 1-72 — i.e., to near- 
 est 5 degs. {see Code XI). 
 
 VV^^ speed in kilometres per hour (for 
 speed above 99 K/hr. use three 
 figures). 
 
 Notes 
 
44 
 
 TEXTBOOK OF AERIAL LAWS 
 
 SPECIAL SYMBOLS FOR UPPER AIR TEMPERATURE 
 AND HUMIDITY. 
 
 p = height or pressure (Code IV (c) ) . 
 HH ^ actual percentage of relative hu- 
 midity. 
 
 SPECIAL SYMBOL FOR COLLECTIVE REPORTS. 
 CLASS 2. 
 
 BB = barometer in whole miUibars with the 
 initial 9 or 10 omitted. 
 
 GENERAL FORMS OF MESSAGES IN METEOROLOGI- 
 CAL SYMBOLS. 
 
 Regular Reports — 1. Individual Station Re- 
 ports — Station call sign followed by the follow- 
 ing groups : — 
 
 BBBDD. FwwTT. ALBMh. 
 wwVHS. /?bbriF2. RRMMX (orRRmmX). 
 
 Additional two groups for reports from Sta- 
 tions having facilities for observations of upper 
 air currents ; the first of these being : — ■ 
 
 A five-figure group to indicate that upper air 
 current information is contained in the group 
 which follows and which has the general form 
 HDDVV. 
 
 Additional two groups for reports from sta- 
 tions having facihties for observations of upper 
 air temperature and humidity ; the first of these 
 being : — 
 
 A five-figure group to indicate that upper air 
 temperature and humidity information is con- 
 tained in the group which follows and which has 
 the general form pTTHH. 
 
 (Note.— These indicative five-figure groups 
 would be better, from a signalhng point of view, 
 as a special Morse signal.) 
 
 2. Collective Station Report, Class 1 — The 
 individual station reports are given in sequence 
 in the same general form as above. Upper air 
 conditions are given at the end for those stations 
 for which available; upper air currents being 
 given only for the following heights, 500, 1,000, 
 2,000, 5,000 metres [see Code IV (fo) ). 
 
 Example of general form of collective report 
 (Class I) giving information from four sta- 
 tions, A, B, C, D, of which stations B, C have 
 given upper air currents, and stations B, D up- 
 per air temperatures and humidity. 
 
 Call sign for "A"— BBBDD— FwwTT- 
 Call sign for "A"— BBBDD— FwwTT 
 
 —ALBMh— wwVHS—;8bbFiF2 
 Call sign for "B"— BBBDD— FwwTT 
 
 —ALBMh— ^%TvVHS—;8bbFiF2 
 Call sign for "C"— BBBDD— FwwTT 
 
 —ALBMh— wwVHS—;8bbFxF2 
 Call sign for "D"— BBBDD— FwwTT 
 
 —ALBMh— wwVHS—/8bbFiF2 
 Group or signal indicating that upper 
 air current information follows. 
 Call sign for "B"— HDDVV- 
 Call sign for "C"— HDDVV. 
 Group indicating that upper air tem- 
 perature and humidity information follows. 
 Call sign for "B"— pTTHH. 
 Call sign for "D"— pTTHH. 
 
 3. Collective Station Reports, Class 2 — The 
 individual station reports are given in sequence 
 in an abridged form, as follows: Call sign for 
 station— BBDDF—wwTTh—AL/3bb. 
 
 Upper air currents are given at the end of the 
 telegram for heights 2,000 and 5,000 metres for 
 selected stations. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 45 
 
 Example of general form of collective report 
 (Class 2) giving information from four sta- 
 tions A, B, C, D, of which stations "B," "C," 
 are selected for upper air current conditions. 
 
 Call sign for "A"— BBDDF— wwTTh— 
 
 ALi8bb. 
 
 Call sign for "B"— BBDDF— wwTTh— 
 
 AL/8bb. 
 
 Call sign for "C"— BBDDF— wwTTh— 
 
 AL/8bb. 
 
 Call sign for "D"— BBDDF— wwTTh- 
 
 AL;8bb. 
 
 Group indicating that upper air current in- 
 formation follows. 
 
 Call sign for "B"— HDDVV. 
 Call sign for "C"— HDDVV. 
 
 Forecast of conditions in country of origin. 
 
 4. Collective Station Reports, Class 3 — The 
 individual station reports are given in sequence 
 in an abridged form as follows: — 
 
 Call sign of station DDFF1F2— ALBMh— 
 wwWWV. 
 
 Note 1 — The general form for transmission 
 "of special reports" and for forecasts has not 
 yet been formulated. 
 
 Note 2 — Observations from ships at sea and 
 the transmission of such observations require 
 special arrangements which it has not yet been 
 found possible to formulate. Similarly for ob- 
 servation from aircraft and their transmission. 
 
 Codes 
 
 Code I — Present Weather — ■ww 
 
 Note. — 00 to 49 weather without precipitation. 
 SO to 70 and 77 to 97 with precipitation 
 
 In Codes I and II, r = rain, d = drizzle, h = hail, s = snow, rs := 
 sleet, tlr = thunderstorm, e =wet air, f = fog (see Code V) 
 
 No Mist or Fog 
 
 00 Absolutely cloudless 
 
 01 Cloud less than %. 
 
 02 About % clouded. 
 
 03 About % clouded. 
 
 Oi Overcast, but small amount 
 
 of blue visible. 
 05 Absolutely overcast. 
 
 Haze, Mist or Fog, hut no 
 •precipitation 
 
 06 Overcast and If. 
 
 07 Overcast and 3f. 
 
 08 Overcast and 3f. 
 
 09 Overcast and 4f. 
 
 10 Overcast and 5f. 
 
 11 Overcast and 6f. 
 13 Overcast and 7f. 
 
 13 Overcast and 8f. 
 
 14 Haze If. 
 
 15 Haze 3f. 
 
 16 Fog 3f. 
 
 17 Fog 4f. 
 
 18 Fog 5f. 
 
 19 Fog 6f. 
 
 20 Fog 7f. 
 
 31 Fog 8f. 
 
 32 Mist Ife. 
 
 23 Mist 3fe. 
 
 24 Fog Sfe. 
 
 35 Fog 4fe. 
 
 36 Fog 5fe. 
 
 27 Fog 6fe. 
 
 28 Fog 7 fe. 
 S^ Fog 8fe. 
 
 Precipitation and Fog (50-58) 
 
 50 Slight r 1 
 
 51 Moderate r Isf. or 3f. 
 63 Heavy r J 
 
 53 Slight r "j 
 
 54 Moderate r I 4f. or Sf. 
 
 55 Heavy r J 
 
 56 Slight r j 
 
 57 Moderate r I 6f. to 8f. 
 
 58 Heavy r I 
 
 Special Phenomena without 
 precipitation 
 
 30 e (wet air). 
 
 31 Exceptional visibility. 
 33 Dust haze. 
 
 33 Dew. 
 
 34 Hoar frost. 
 
 35 Rime. 
 
 36 Glazed frost. 
 
 37 Glazed roads. 
 
 38 Solar halo. 
 
 39 Lunar halo. 
 
 40 Solar corona. 
 
 41 Lunar corona. 
 43 Aurora. 
 
 43 Squalls. 
 
 44 Gale. 
 
 45 Gloom. 
 
 46 Ugly: threatening. 
 
 47 Thunder. 
 
 48 Lightning. 
 
 49 Thunder and lightning. d9 
 
 Precipitation and Squalls of' 
 Wind (59-70) 
 
 69 Slight r. 
 
 60 Moderate r. 
 
 61 Heavy r. 
 63 Slight h. 
 
 63 Moderate r and h. 
 
 64 Heavy r and h. 
 
 65 Slight rs. 
 
 66 Moderate rs. 
 
 67 Heavy rs. 
 
 68 Slight s. 
 
 G9 Moderate s. 
 
 70 Heavy s. 
 
 Snow Covering 
 
 71 s over whole country. 
 73 s with bare patches. 
 73 Deep drifts. 
 
 74 
 
 75 L Reserve figures. 
 
 76 
 
 Precipitation (77-97) 
 
 77 Slight d. 
 
 78 Moderate d. 
 
 79 Thick d. 
 
 80 Slight r. 
 
 81 Moderate r. 
 83 Heavy r. 
 
 83 Slight h. 
 
 84 Moderate h. 
 
 85 Heavy h. 
 
 86 Slight rs. 
 
 87 Moderate rs. 
 
 88 Heavy rs. 
 
 89 Slight s. 
 
 90 Moderate s. 
 
 91 Heavy s. 
 93 Slight tlr ■] 
 
 93 Moderate tlr L Without hail 
 
 94 Heavy tlr I 
 
 95 Slight tlr 1 
 
 96 Moderate tlr I With hail. 
 
 97 Heavy tlr | 
 98 
 
 Reserve figures. 
 
 Notes 
 
46 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Code II— Past Weather— WW 
 
 Note — 00-49 Weather without precipitation 
 
 50-97 Weather with precipitation 
 
 No Precipitation or Fog 
 (00-14) 
 
 00 equals Cloudless. 
 
 01 equals b and be; med. or 
 
 high cloud. 
 
 02 equals b and be; low cloud. 
 
 03 equals b and c; mixed cloud. 
 
 04 equals be and c; med. or 
 
 high cloud. 
 
 05 equals be and c; low cloud. 
 03 equals be and c ; mixed cloud. 
 
 07 equals c and o; med. or high 
 
 cloud. 
 
 08 equals c and o; low cloud. 
 
 09 equals c and o; mixed cloud. 
 
 Overcast with blue patches 
 (10-12) 
 
 10 equals med. or high cloud. 
 
 11 equals low cloud. 
 
 12 equals mixed cloud. 
 
 13 equals completely overcast; 
 
 low or mixed cloud. 
 
 14 equals b and o ; low or mixed 
 
 cloud. 
 
 Fog mith Cloud above (15-19) 
 
 15 equals overcast and If. 
 
 16 equals overcast and 2f. 
 
 17 equals overcast and 3f. 
 
 18 equals overcast and 4f. or 5f. 
 
 19 equals overcast and 6f. to 8f. 
 
 Haze or Fog (30-24) 
 
 20 equals Haze If. 
 31 equals Haze 2f. 
 
 22 equals Fog 3f. 
 
 23 equals Fog 4f. or 5f. 
 
 24 equals Fog 6f. to 8f. 
 
 Wet Fog or Mist (25-29) 
 
 25 equals Mist Ife. 
 
 26 equals Mist 2fe. 
 37 equals Fog 3fe. 
 
 28 equals Fog 4fe. or 5fe. 
 
 29 equals Fog 6fe. to 8fe. 
 
 Special Phenomena without 
 Precipitation (30-49) 
 
 30 equals e (wet air). 
 
 31 Exceptional visibility. 
 33 Dust haze. 
 
 33 Dew. 
 
 34 Hoar frost. 
 
 35 Rime. 
 
 36 Glazed frost. 
 
 37 Glazed roads. 
 
 38 Solar halo. 
 
 39 Lunar halo. 
 
 40 Solar corona. 
 
 41 Lunar corona. 
 43 Aurora. 
 
 43 Squalls. 
 
 44 Gale. 
 
 45 Gloom. 
 
 46 Ugly: threatening. 
 
 47 Thunder. 
 
 48 Lightning. 
 
 49 Thunder and Lightning. 
 
 Precipitation 
 Passing Showers (50-61) 
 
 50 of slight 1 
 
 51 of moderate w rain 
 
 52 of heavy J 
 
 53 of slight "1 
 
 54 of moderate L hail or r and h 
 
 55 of heavy I 
 
 56 of slight "] 
 
 57 of moderate U rs or r and rs. 
 
 68 of heavy J 
 
 69 of slight I 
 
 60 of moderate s- snow 
 
 61 of heavy J 
 
 Occasional Precipitation 
 (62-76) 
 
 63 occasional slight d. 
 
 63 occasional moderate d. 
 
 64 occasional thick d. 
 
 65 occasional slight r. 
 
 66 occasional moderate r. 
 
 67 occasional heavy r. 
 
 68 occasional slight r and h. 
 
 69 occasional moderate r and h. 
 
 70 occasional heavy r and h. 
 
 71 occasional slight 1 
 73 occasional moderate I 
 
 73 occasional heavy J 
 
 74 occasional slight s. 
 
 75 occasional moderate s. 
 
 76 occasional heavy s. 
 
 Continuous or nearly Continu- 
 ous Precipitation (77-91) 
 
 77 slight "I 
 
 78 moderate L drizzle. 
 
 79 thiclj J 
 
 80 slight "1 
 
 81 moderate L rain. 
 
 82 heavy 
 
 83 slight "I 
 
 84 moderate l r and hail. 
 
 85 heavy I 
 
 86 slight "I 
 
 87 moderate I rs or r and rs. 
 
 88 heavy | 
 
 89 slight ] 
 
 90 moderate I snow. 
 
 91 heavy 
 
 Thunderstorms (92-97) 
 
 92 slight tlr ] 
 
 93 moderate tlr I without hail. 
 
 94 heavy tlr J 
 
 95 slight tlr ^ 
 
 96 moderate tlr L with hail. 
 
 97 heavy tlr ) 
 
 98 \ 
 
 99 ; 
 
 Reserve numbers. 
 
 Low Cloud — A 
 
 
 Low Cloud 
 
 1 equals 
 
 
 2 equals 
 
 
 3 equals 
 
 
 4 equals 
 
 
 5 equals 
 
 
 6 equals 
 
 
 7 equals 
 
 
 8 equals 
 
 High Cloud 
 
 1 equals 
 
 
 2 equals 
 
 
 3 equals 
 
 
 4 equals 
 
 Medium Cloud 
 
 5 equals 
 
 
 6 equals 
 
 
 7 equals 
 
 
 8 equals 
 
 Code III — Form of Cloud 
 
 Medium, or High Cloud — B 
 Fracto Cumulus. 
 Mammato Cumulus. 
 Low Strato Cumulus (below 1200 m.). 
 High Strato Cumulus (above 1200 m.). 
 Nimbus. 
 Cumulus. 
 Cumulo Nimbus. 
 Stratus. 
 Cirrus. 
 
 Cirro Stratus. 
 Cirro Cumulus. 
 False Cirrus. 
 
 Thin Alto Stratus (Sun or Moon vis- 
 ible). 
 Thick Alto Stratus. 
 Alto Cumulus (low) (below 3 km.). 
 Alto Cumulus (high) (above 3 km.). 
 
 Code IV (a), (6), (c)- 
 
 -Heights and Pressures Qf Upper Air 
 Reports 
 
 Code IV (a) — Height of base 
 of Low Cloud — h 
 
 metres 
 
 equals cloud below 150 
 
 1 equals cloud below 150-300 
 
 2 equals cloud below 300-500 
 
 3 equals cloud below 500-750 
 
 4 equals cloud below 750-1,000 
 
 5 equals cloud below 1,000-1,500 
 
 6 equals cloud below 1,500-3,000 
 
 7 equals cloud below 2,000-2,500 
 
 8 equals cloud below 3,500-3,000 
 
 9 equals no low cloud. 
 
 Code IV (b)— Height of 
 Upper Wind — H 
 I equals 200 metres 
 3 equals 200 metres 
 
 3 equals 1,000 metres 
 
 4 equals 1,500 metres 
 
 5 equals 2,000 metres 
 
 6 equals 3,000 metres 
 
 7 equals 4,000 metres 
 
 8 equals 5,000 metres 
 
 Code IV (c) — Height or Pressure to which Temperature 
 and Humidity Values refer — p 
 
 equals surface. 
 
 1 equals 300 metres above sur- 
 
 face. 
 ,2 equals pressure of 1,000 mb. 
 
 3 equals pressure of 950 mb. 
 
 4 equals pressure of 900 mb. 
 
 5 equals pressure of 850 mb. 
 
 6 equals pressure of 800 mb. 
 
 7 equals pressure of 750 mb. 
 
 8 equals pressure of 700 mb. 
 
 9 equals pressure of 600 mb. 
 
 Notes 
 
J. 
 
 C.A. Form 8. 
 
 ^/ AIR MINISTRY. 
 
 Air Navigation Acts, 1911 to 1919 
 
 Name ik»k^ '5>VpyvvW*i &AJpa^ 
 
 Address "feOlALo 
 
 Nationality _._VsL*lwt 
 
 Is hereby licensed as Pilot [of aircraft carrying 
 
 paissengers or goods for hire op^ reward] 
 
 of the-^^ikStiS^-^^^-^^ -" 
 
 -- ._. -- _ ..- class of aircraft 
 
 for a period of .«f^ W^. ^months from 
 
 the.._3s>^A(L«JlLiay of-__..^^&J^?.r^l9 iq 
 
 to the ,i^(aAA<*8**iday of-3ifi!£*J<5^l**il9lC| 
 
 inclusive, subject to the Orders made by the 
 Secretary of State under the Air Navigation 
 Ao^|A;i?n- to 1919 
 
 K-L-OVuk^n 'IV C. 2. Secretary of lite Air Council. 
 
 Reproduction of license issued to aviators and pilots of aircraft by the British Air Ministry. While modifications of the regu- 
 lations under which the first licenses were issued are being made from time to time, and the first regulations have been proven 
 extremely restricted, the general principle of licensing air pilots has proven a helpful factor in public aerial navigation just as 
 the issuing of pilots' certificates under the rules of the International Aeronautic Federation for sporting even is and contests, 
 since 1905, has proven a helpful factor in governing aerial contests. 
 
 Face p. 46 
 
How a third person can be smuggled in an apparent two-seater aeroplane. The type shown herewith is a Breguet aerial tour- 
 ing plane, equipped for overnight travel with upper and lower berths. 
 
 Checking the cargo of an aeroplane at an aerodrome to comply with the custom laws and prevent smuggling. 
 
 Face p. 47 
 
TEXTBOOK OF AERIAL LAWS 
 
 4T 
 
 Code V — Surface Visibility and Fog — V 
 
 less than 25 metres 8 f 
 
 23 metres 7 f 
 
 50 metres 6 f 
 
 100 metres 5 f 
 
 200 metres 4f 
 
 500 metres 3 f or 1 V 
 
 1,000 metres 3 f or 2 V 
 
 4 2,000 metres 
 
 5 4,000 metres 
 
 6 7,000 metres 
 
 7 12,000 metres 
 
 8 20,000 metres 
 30,000 metres 
 
 2 f or 3 V 
 2 f or 4 V 
 1 f or 5 V 
 lfor6V 
 
 7V 
 
 8V 
 
 9 above 30,000 and clear air 9 V 
 
 Code VI — Relative Humidity — H 
 
 equals 95 — 100 per cent. 
 
 9 equals 90 — 94 per cent. 
 
 8 equals 80 — 89 per cent. 
 
 7 equals 70 — 79 per cent. 
 
 6 equals 60 — 69 per cent. 
 
 5 equals 50 — 59 
 4 equals 40 — 49 
 3 equals 30—39 
 2 equals 20—29 
 
 per cent, 
 per cent, 
 per cent, 
 per cent. 
 
 1 equals 10 — 19 per cent. 
 
 Code VII— State of Sea—S 
 
 equals Calm — glassy. 
 
 1 equals Very smooth — slightly 
 
 rippled. 
 
 2 equals Smooth — rippled. 
 
 3 equals Slight — rocks buoy. 
 
 4 equals Moderate furrowed. 
 
 5 equals Rather rough — much 
 
 furrowed. 
 
 6 equals Rough — deeply fur- 
 
 rowed. 
 
 7 equals High rollers, steep 
 
 fronts. 
 
 8 equals Very high rollers, 
 
 steep fronts. 
 
 9 equals Phenomenal — precipit- 
 
 Code VIII (a) and (6) — Fitness for Flying 
 
 Code VIII (a) Fitness 
 for Aeroplanes 
 
 equals entirely unfit: fog. equals 
 
 1 equals entirely unfit: rain and 1 equals 
 
 low cloud. 
 
 2 equals entirely unfit: gales. 2 equals 
 
 3 equals very risky: mist. 3 equals 
 
 4 equals very risky: wind and 4 equals 
 
 weather. 
 
 5 equals risky :mist. 5 equals 
 
 6 equals risky: wind, weather. 6 equals 
 
 7 equals fit. 7 equals 
 
 8 equals very fit. 8 equals 
 
 9 equals perfect. 9 equals 
 
 entirely unfit: fog. 
 entirely unfit: rain, 
 
 wind and low cloud, 
 entirely unfit: gales, 
 very risky: high wind, 
 very risky: occasional 
 
 squalls, 
 risky: strong wind. 
 risky: slight squalls, 
 fit. 
 
 very fit. 
 perfect. 
 
 Code IX— Characteristic of Barometric Tendenctj—B 
 
 equals steady. 
 
 1 equals unsteady. 
 
 2 equals rising. 
 
 3 equals falling. 
 
 4 equals falling, then rising. 
 
 5 equals steady, then rising. 
 
 6 equals steady, then falling. 
 
 7 equals falling, now steady. 
 
 8 equals rising, now steady or 
 
 falling. 
 
 9 equals line squall; sudden rise 
 
 with marked change 
 of wind and weather. 
 
 Code X— Direction of Wind^DD 
 
 Direction is specified to the nearest 5 de- 4iO equals SSW, 
 
 grees by use of the numbers 1-72. The 45 equals SW. 
 
 numbers corresponding with the usual 4(9 equals WSW. 
 
 "even" points of the old telegraphic scale 54 equals West, 
 
 are as follows: 58 equals WNW. 
 
 04 equals NNE. 63 equals NW. 
 
 09 equals NE. 67 equals NNW. 
 
 13 equals ENE. 72 equals North. 
 
 18 equals East. To express directions calculated in degrees 
 22 equals ESE. in this scale, divide the number of degrees 
 27 equals SE. by 5 (or multiply by 2 and divide by 10). 
 31 equals SSE. 
 36 equals South. 
 
 e.g., 17 degrees equals 03; 63 degrees equals 11; 257 degrees 
 equals 51; 313 degrees equals 63. 
 
 Annex H — Customs 
 General Provisions 
 
 1. Any aircraft going abroad shall depart 
 only from aerodromes specially designated by 
 the customs administration of each contracting 
 State, and named "customs aerodromes." 
 
 Aircraft coming from abroad shall land only 
 in such aerodromes. 
 
 2. Every aircraft which passes from one 
 State into another is obliged to cross the fron- 
 tier between certain points fixed by the contract- 
 ing States. These points are shown on the 
 aeronautical maps. 
 
 3. All necessary information concerning cus- 
 toms aerodromes within a State, including any 
 alterations made to the list and any correspond- 
 ing alterations necessary on the aeronautical 
 maps and the dates when such alterations become 
 valid, and all other information concerning any 
 international aerodromes which may be estab- 
 lished, shall be communicated by the States con- 
 cerned to each other and to the International 
 Commission for Air Navigation, which shall 
 notify such information to all of the contracting 
 States. The contracting States may agree to 
 establish international aerodromes at which 
 there may be joint customs services for two or 
 more States. 
 
 4. When, by reason of a case of force ma- 
 
 Notes 
 
48 
 
 TEXTBOOK OF AERIAL LAWS 
 
 jeure, which must be duly justified, an aircraft 
 crosses the frontier at any other point than those 
 designated, it shall land at the nearest customs 
 aerodrome on its route. If it is forced to land 
 before reaching this aerodrome it shall inform 
 the nearest police or customs authorities. 
 
 It will only be permitted to leave again with 
 the authorisation of these authorities, who shall, 
 after verification, stamp the log book and the 
 manifest provided for in paragraph 5 ; they shall 
 inform the pilot of the customs aerodrome where 
 he must necessarily carry out the formalities of 
 customs clearance. 
 
 5. Before departure, or immediately after ar- 
 rival, according to whether they are going or 
 coming back from a foreign country, pilots shall 
 show their log books to the authorities of the 
 aerodrome and, if necessary, the manifest of the 
 goods and supplies for the journey which they 
 carry. 
 
 6. The manifest is to be kept in conformity 
 with the attached form No. 1. 
 
 The goods must be the subject of detailed 
 declarations in conformity with the attached 
 form No. 2, made out by the senders. 
 
 Every contracting State has the right to pre- 
 scribe for the insertion either on the manifest 
 or on the customs declaration of such supple- 
 mentary entries as it may deem necessary. 
 
 7. In the case of an aircraft transporting 
 goods the customs officer, before departure, 
 shall examine the manifest and declarations, 
 make the prescribed verifications and sign the 
 log book as well as the manifest. He shall 
 verify his signature with a stamp. He shall seal 
 the goods or sets of goods, for which such a for- 
 mality is required. 
 
 On arrival the customs officer shall ensure 
 that the seal is unbroken, shall pass the goods, 
 shall sign the Jog book and keep the manifest. 
 
 In the case of an aircraft with no goods on 
 board, the log book only shall be signed by the 
 police and customs officials. 
 
 The fuel on board shall not be liable to cus- 
 toms duties provided the quantity thereof does 
 not exceed that needed for the journey as de- 
 fined in the log book. 
 
 8. As an exception to the general regulations, 
 certain classes of aircraft, particularly postal 
 aircraft, aircraft belonging to aerial transport 
 companies regularly constituted and authorised 
 and those belonging to members of recognised 
 touring societies not engaged in the public con- 
 veyance of persons or goods, may be freed from 
 the obligation of landing at a customs aerodrome 
 and authorised to begin or end their journey at 
 certain inland aerodromes appointed by the cus- 
 toms and police administration of each State at 
 which customs formalities shall be complied 
 with. 
 
 However, such aircraft shall follow the nor- 
 mal air-route, and make their identity known 
 by signals agi-eed upon as they fly across the 
 frontier. 
 
 Regulations Applicable to Aircraft and Goods 
 
 9. Aircraft landing in foreign countries are 
 in principle liable to customs duties if such exist. 
 
 If they are to be re-exported, they shall have 
 the benefit of the regulations as to permit by 
 bond or deposit of the taxes. 
 
 In the case of the formation between two or 
 more countries of the Union of touring societies, 
 the aircraft of the said countries will have the 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 49 
 
 benefit of the regulations of the "Tryptique." 
 
 10. Goods arriving by aircraft shall be con- 
 sidered as coming from the country where the 
 log book and manifest have been signed by the 
 customs officer. 
 
 As regards their origin and the different cus- 
 toms regimes, they are liable to the regulations 
 of the same kind as are apphcable to goods im- 
 ported by land or sea. 
 
 11. With regard to goods exported in dis- 
 charge of a temporary receiving or bonded ac- 
 count or liable to inland taxes, the senders shall 
 prove their right to send the goods abroad by 
 producing a certificate from the customs of the 
 place of destination. 
 
 Air Transit 
 
 12. When an aircraft to reach its destination 
 must fly over one or more contracting States, 
 without prejudice to the right of sovereignty of 
 each of the contracting States, two cases must 
 be distinguished: — 
 
 1. If the aircraft neither sets down nor takes 
 up passengers or goods, it is bound only to keep 
 to the normal air route and make itself known 
 by signals when passing over the points desig- 
 nated for such purpose. 
 
 2. In other cases, it shall be bound to land at 
 a customs aerodrome and the name of such aero- 
 drome shall be entered in the log book before 
 departure. On landing, the customs authori- 
 ties shall examine the papers and the cargo, and 
 take, if need be, the necessary steps to ensure 
 the re-exportation of the craft and goods or the 
 payment of the dues. 
 
 The provisions of paragraph 9 (2) are ap- 
 plicable to goods to be re-exported. 
 
 If the aircraft sets down or takes up goods, 
 the customs officer shall verify the fact on the 
 manifest, duly completed, and shall affix, if 
 necessary, a new seal. 
 
 Various Provisions 
 
 13. Every aircraft during flight, wherever it 
 may be, must conform to the orders from police 
 or customs stations and police or customs air- 
 craft of the State over which it is flying. 
 
 14. Customs officers and excise officials, and 
 generally speaking the representatives of the 
 public authorities shall have free access to all 
 starting and landing places for aircraft; they 
 may also search any aircraft and its cargo to 
 exercise their rights of supervision. 
 
 15. Except in the case of postal aircraft, all 
 unloading or throwing out in the course of flight, 
 except of ballast, may be prohibited. 
 
 16. In addition to any penalties which may be 
 imposed by local law for infringement of the 
 preceding regulations, such infringement shall 
 be reported to the State in which the aircraft is 
 registered and that State shall suspend for a 
 limited time, or permanently, the certificate of 
 registration of the offending aircraft. 
 
 17. The provisions of this Annex do not ap- 
 ply to military aircraft visiting a State by spe- 
 cial authorisation (Articles 31, 32 and 33 of the 
 Convention), nor to police and customs aircraft 
 (Articles 31 and 34 of the Convention). 
 
 Note. — The manifest should 
 not bear on it erasures or cor- 
 rections except those approved 
 by the proper customs ofBcials, 
 nor contain interlineations or 
 several articles entered on the 
 same line. As many extra 
 sheets may be added as are 
 necessary. 
 
 Modele No. 1. 
 
 Notes 
 
50 
 
 TEXTBOOK OF AERIAL LAWS 
 AIR NAVIGATION Annex VI 
 
 MANIFEST. 
 Or General Declaration or Cargo. 
 
 Space reserved Machine. 
 for 
 
 entries 
 
 by Commanding 
 
 Customs Officer. 
 
 Officers. 
 
 •{ 
 
 Goods , 
 
 Registration Mark. 
 
 Name: 
 Residence : 
 Nationality : 
 Number of License: 
 
 Place of departure: County: 
 Place of destination: County: 
 Number of annexed dec- 
 larations : 
 
 The Commanding Officer guarantees the accuracy of the 
 contents of this manifest under penalties provided by law. 
 Consequently he has dated and signed this document immedi- 
 ately below the last entry. 
 
 Pile 
 Number 
 
 of 
 Document 
 
 Marks 
 
 and 
 
 Numbers 
 
 on the 
 
 Parcels 
 
 Number 
 (in figures 
 and letters) 
 and Descrip- 
 tions of 
 Parcels 
 
 Nature 
 
 of 
 The Goods 
 
 Weight 
 
 Observations 
 
 Reservations Formulated by the United States 
 Delegation 
 
 (a) Art. 15. — Reserved in so far as the last paragraph is con- 
 cerned which paragraph reads "The establishment of interna- 
 tional air ways shall be subject to the consent of the state flown 
 over." The United States Delegation are not opposed to the 
 principle laid down, but they deem the insertion of the para- 
 graph unnecessary and, as written, its meaning obscure. 
 
 (b) Art. 18. — The United States Delegation made reservation 
 on this entire article, as they do not approve of the principle 
 involved, and believe the method laid down of seeking redress 
 for infringement of patents would be ineffective. 
 
 (c) Art. 25. — The United States Delegation reserved in re- 
 gard to this article. They are in favor of the proposal to re- 
 quire equality of treatment of foreign and national aircraft; but, 
 in view of the division of powers under the Constitution of the 
 United States between the Federal Government and those of the 
 several States, the Delegation doubt whether the Federal Govern- 
 ment can exercise over all aerodromes in the United States the 
 measure of control of rates and charges as required by the ar- 
 ticle as here drafted. 
 
 (d) Art. 37. — The United States Delegation reserved in re- 
 gard to Paragraph I of this article in connection with their 
 reservation Annex H. 
 
 (e) Art. 40. — The United States Delegation reserved in re- 
 gard to the reference in this article to Annex H. 
 
 (f) Annex H. — The United States Delegation made general 
 reservation in regard to this entire Annex, as they deem that 
 it should not properly be a part of this Convention on Aerial 
 Navigation. 
 
 Place of departure: 
 Place of destination: 
 
 AIR NAVIGATION. 
 
 Customs declaration made by M 
 
 for the following goods: 
 
 No. 2. 
 
 Parcels. 
 
 Nature 
 of Goods. 
 
 Detailed Description 
 of Contents. 
 
 Country 
 of Origin. 
 
 Value. 
 
 Weight. 
 
 Observations. 
 
 Marks and Numbers. Number 
 
 Gross. Net. 
 
 
 
 
 
 
 
 
 
 At. 
 
 .this. 
 
 .day of. 
 Consignor. 
 
 .19.. 
 
 Notes 
 
REVISED GENERAL PRINCIPLES OF THE INTERNATIONAL AERIAL 
 CONVENTION AS ADOPTED OCTOBER 13, 1919 
 
 Owing principally to objections advanced by United States 
 delegates the general principles of the Convention were modi- 
 fied and, as adopted on October 13, 1919, read as follows: 
 The United States of America, Belgium, Bolivia, Brazil, the 
 British Empire, China, Cuba, Ecuador, France, Greece, Guate- 
 mala, Haiti, the Hedjaz, Honduras, Italy, Japan, Liberia, 
 Nicaragua, Panama, Peru, Poland, Portugal, Roumania, The 
 Serb-Croat-Slovene State, Siam, Czecho-Slovakia and Uruguay. 
 
 Recognising the progress of aerial navigation, and that the 
 establishment of regulations of universal application will be 
 to the interest of all; 
 
 Appreciating the necessitj'' of an early agreement upon certain 
 principles and rules calculated to prevent controversy; 
 
 Desiring to encourage the peaceful intercourse of nations by 
 means of aerial communication; 
 
 Have determined for these purposes to conclude a Con- 
 vention, and have appointed as their Plenipotentiaries the 
 following, reserving the right of substituting others to sign the 
 same convention: 
 
 The Pkesident of the UifrrED States of America: 
 
 The Honourable Frank Lyon Polk, Under Secretary of 
 State; 
 His Majesty the King of the Belgians: 
 
 Mr. Paul Hymans, Minister for Foreign Affairs, Minister 
 of States; 
 The President of the Republic of Bolivia: 
 
 Mr. Ismael Montes, Envoy extraordinary and Minister 
 Plenipotentiary of Bolivia at Paris; 
 The President of the Republic of Brazil: 
 
 Mr. Olyntho de Magalhaes, Envoy extraordinary and Min- 
 ister Plenipotentiary of Brazil at Paris; 
 His Majesty the King of the United Kingdom of Great 
 Britain and Ireland and of the British Dominions beyond 
 the Seas, Emperor of India: 
 
 The Right Honourable David Lloyd George, M.P., First 
 Lord of the Treasury and Prime Jlinister; and: 
 For the Dominion of Canada, by: 
 
 The Honourable Sir Albert Edward Kemp, K. C. M. G., 
 Minister of the Overseas Forces; 
 For the Commonwealth of Australia, by: 
 
 The Honourable Sir Thomas Mackenzie, K. C. M. G., High 
 Commissioner for New Zealand in the United Kingdom; 
 For India, by: 
 
 The Right Honourable Baron Sinha, K. C, Under Secretary 
 of State for India; 
 The Phesident of the Chinese Republic: 
 
 Mr. Vikyiun Wellington Koo, Envoy extraordinary and 
 Minister Plenipotentiary of China at Washington; 
 The President of the Cuban Republic: 
 
 Mr. Antonio Sanchez de Bustamante, Dean of the Faculty 
 of Law in the University of Havana, President of the Cuban 
 Society of International Law; 
 The President of the Republic of Ecuador: 
 
 Mr. Enrique Dorn y de Alsua, Envoy extraordinary and 
 Minister Plenipotentiary of Ecuador at Paris ; 
 The President of the French Republic; 
 
 Mr. Georges Clemenceau, President of the Council, Minister 
 of War; 
 His Majesty the King of the Hellenes: 
 
 Mr. Nicolas Politis, Minister for Foreign Affairs; 
 The President of the Republic of Guatemala: 
 
 Mr. Joaquim Mendez, formerly Minister of State for Public 
 Works and Public Instructor, Envoy extraordinary and Min- 
 ister Plenipotentiary of Guatemala at Washington, Envoy 
 extraordinary and Minister Plenipotentiary on special mission 
 at Paris; 
 The President of the Republic of Haiti: 
 
 Mr. Tertullien Guilbaud, Envoy extraordinary and Min- 
 ister Plenipotentiary of Haiti at Paris; 
 His Majesty the King of the Hedjaz: 
 
 Mr. Rustem Haidar; 
 The President of the Republic of Honduras: 
 
 Dr. Policarpe Bonilla, on special mission to Washington, 
 formerly President of the Republic of Honduras, Envoy 
 extraordinary and Minister Plenipotentiary; 
 His Majesty the King of Italy: 
 
 The Honourable Tommaso Tittoni, Senator of the Kingdom, 
 Minister for Foreign Affairs; 
 His Majesty the Emperor of Japan: 
 
 Mr. K. Matsui, Ambassador extraordinary and' Minister 
 Plenipotentiary of H. M. the Emperor of Japan at Paris; 
 
 51 
 
 The President of the Republic of Nicaragua: 
 
 Mr. Salvador Chamorro, President of the Chamber' of 
 Deputies; 
 The President of the Republic of Panama: 
 
 Mr. Antonio Burgos, Envoy extraordinary and Minister 
 Plenipotentiary of Panama at Madrid; 
 The President of the Republic of Peru: 
 
 Mr. Carlos G. Candamo, Envoy extraordinary and Minister 
 Plenipotentiary of Peru at Paris; 
 The President of the Polish Republic: 
 
 Mr. Ignace J. Paderewski, President of the Council of 
 Ministers, Minister for Foreign Affairs; 
 The President of the Portuguese Republic: 
 
 Dr. Affonso da Costa, formerly President of the Council 
 of Ministers; 
 His Majesty the King of Roumania: 
 
 Mr. Nicolas Misu, Envoy extraordinary and Minister 
 Plenipotentiary of Roumania at London; 
 His Majesty the King of the Serbs, the Croats, and the 
 Slovenes: 
 
 Mr. Milenko R. Vesnitch, Envoy extraordinary and Min- 
 ister Plenipotentiary of H. M. the King of the Serbs, the 
 Croats and the Slovenes, at Paris; 
 His Majesty the King of Siam: 
 
 His Highness Prince Charoon, Envoy extraordinary and 
 Minister Plenipotentiary of H. M. the King of Siam at Paris; 
 The President of the Czeciio-Slovak Republic: 
 
 Mr. Karel Kramar, President of the Council of Ministers; 
 The President of the Republic of Uruguay: 
 
 Mr. Juan Antonio Buero, Minister of Industry, formerly 
 Minister of Foreign Affairs; 
 
 WHO have agreed as follows: 
 
 Chapter I — General Principles 
 
 Article 1 — The High contracting Parties recognise that every 
 Power has complete and exclusive sovereignty over the air 
 space above its territory. 
 
 For the purpose of the present Convention the territory of 
 a State shall be understood as including the national territory, 
 both that of the mother country and of the colonies, and the 
 territorial waters adjacent thereto. 
 
 Article 3 — Each contracting State undertakes in time of peace 
 to accord freedom of innocent passage above its territory to 
 the aircraft of the other contracting States, provided that the 
 conditions laid down in the present Convention are observed. 
 
 Regulations made by a contracting State as to the admission 
 over its territory of the aircraft of the other contracting States 
 shall be applied without distinction of nationality. 
 
 Article 3 — Each contracting State is entitled for military 
 reasons or in the interest of public safety to prohibit the 
 aircraft of the other contracting States, under the penalties 
 provided by its legislation and subject to no distinction being 
 made in this respect between its private aircraft and those of 
 the other contracting States, from flying over certain areas 
 of its territory. 
 
 In that case the locality and the extent of the prohibited 
 areas shall be published and notified beforehand to the other 
 contracting States. 
 
 Article 4 — Every aircraft which finds itself above a prohibited 
 area shall, as soon as aware of the fact, give the signal of 
 distress provided in Paragraph of Annex D and land as soon 
 as possible outside the prohibited area at one of the nearest 
 aerodromes of the State unlawfully flown over. 
 
 Chapter II — Nationality of Aircraft 
 
 Article 5 — No contracting State shall, except by a special 
 and temporary authorisation, permit the flight above its terri- 
 tory of an aircraft which does not possess the nationality of a 
 contracting State. 
 
 Article 6 — Aircraft possess the nationality of the State on the 
 register of which they are entered, in accordance with the pro- 
 visions of Section 1 (c) of Annex A. 
 
 Article 7 — No aircraft shall be entered on the register of one 
 of the contracting Slates unless it belongs wholly to nationals 
 of such State. 
 
 No incorporated company can be registered as the owner of 
 an aircraft unless it possess the nationality of the State in 
 which the aircraft is registered, unless the President or chair- 
 man of the company and at least two-thirds of the directors 
 possess such nationality, and unless the company fulfills all 
 
52 
 
 TEXTBOOK OF AERIAL LAWS 
 
 other conditions which may be prescribed by the laws of the 
 said State. 
 
 Article 8 — An aircraft cannot be validly registered in more 
 than one State. 
 
 Article 9 — The contracting States shall exchange every month 
 among themselves and transmit to the International Commission 
 for Air Navigation referred to in article 34, copies of registra- 
 tions and of cancellations of registration which shall have 
 been entered on their official registers during the preceding 
 month. 
 
 Article 10 — All aircraft engaged in international navigation 
 shall bear their nationality and registration marlts as well as 
 the name and residence of the owner in accordance with 
 Annex A. 
 
 Chapter III — Certificates of Airworthiness And 
 Competency 
 
 Article 11 — Every aircraft engaged in international naviga- 
 tion shall, in accordance with the conditions laid down in Annex 
 B, be provided with a certificate of airworthiness issued or 
 rendered valid by the State whose nationality it possesses. 
 
 Article 13 — The commanding officer, pilots, engineers and 
 other members of the operating crew of every aircraft shall in 
 accordance with the conditions laid down in Annex E, be pro- 
 vided with certificates of competency and licences issued or 
 rendered valid by the State whose nationality the aircraft 
 possesses. 
 
 Article 13 — Certificates of airworthiness and of competency 
 and licences issued or rendered valid by the State whose na- 
 tionality the aircraft possesses, in accordance with the regula- 
 tions established by Annex B and Annex E and hereafter by 
 the International Commission for Air Navigation, shall be 
 recognised for the purpose of flights within the limits of and 
 above its own territory certificates of competency and licences 
 granted to one of its nationals by another contracting State. 
 
 Article 14 — No wireless apparatus shall be carried without a 
 special licence issued by the States whose nationality the air- 
 craft possesses. Such apparatus shall not be used except by 
 members of the crew provided with a special licence for the 
 purpose. 
 
 Every aircraft used in public transport and capable of carry- 
 ing ten or more persons shall be equipped with sending and 
 receiving wireless apparatus when the methods of employing 
 such apparatus shall have been determined by the International 
 Commission for Air Navigation. 
 
 This Commission may later extend the obligation of carrying 
 wireless apparatus to all other classes of aircraft in the condi- 
 tions and according to the methods which it may determine. 
 
 Chapter IV — Admission to Air Navigation 
 Above Foreign Territory 
 
 Article 15 — Every aircraft of a contracting State has the 
 right to cross the air space of another State without landing. 
 In this case it shall follow the route fixed by the State over 
 which the flight takes place. However, for reasons of general 
 security it will be obliged to land if ordered to do so by 
 means of the signals provided in Annex D. 
 
 Every aircraft which passes from one State into another 
 shall, if the regulations of the latter State require it, land in 
 one of the aerodromes fixed by the latter. Notification of these 
 aerodromes shall be gi%'-en by the contracting States to the 
 International Commission for Air Navigation and by it trans- 
 mitted to all the contracting States. 
 
 The establishment of international airways shall be subject 
 to the consent of the States flown over. 
 
 Article 16 — Each contracting State shall have the right to 
 establish reservations and restrictions in favour of its national 
 aircraft in connection with the carriage of persons and goods 
 for hire between two points on its territory. 
 
 Such reservations and restrictions shall be immediately pub- 
 lished, and shall be communicated to the International Com- 
 mission for Air Navigation, which shall notify them to the 
 other contracting States. 
 
 Article 17 — The aircraft of a contracting State which estab- 
 lishes resen'ations and restrictions in accordance with Article 
 16, may be subjected to the same reservations and restric- 
 tions in any other contracting State, even though the latter 
 State does not itself impose the reservations and restrictions 
 on other foreign aircraft. 
 
 Article 18 — Every aircraft passing through the territory of 
 a contracting State, including landing and stoppages reasonably 
 necessary for the purpose of such transit, shall be exempt from 
 
 any seizure from on the ground of infringement of patent, 
 design or model, subject to the deposit of security the amount 
 of which in default of amicable agreement shall be fixed with 
 the least possible delay by the competent authority of the place 
 of seizure. 
 
 Chapter V — Rules to be Observed on Departure, 
 When Under Way and on Landing 
 
 Article 19 — Every aircraft engaged in international naviga- 
 tion shall be provided with: 
 
 (a) A certificate of registration in accordance with Annex A; 
 
 (6) A certificate of airworthiness in accordance with Annex 
 B; 
 
 (c) Certificates and licences of the commanding officer, pilots 
 and crew in accordance with Annex E; 
 
 (<Z) If it carries passengers, a list of their names; 
 
 (e) If it carries freight, bills of lading and manifest; 
 
 (/) Log booliS in accordance with Annex C; 
 
 (g) If equipped with wireless, the special licence prescribed 
 by Article 14. 
 
 Article 20 — The log boolis shall be kept for two years after 
 the last entry. 
 
 Article 21 — Upon the departure or landing of an aircraft, the 
 authorities of the country shall have, in all cases, the right to 
 visit the aircraft and to verify all the documents with which 
 it must be provided. 
 
 Article 22 — Aircraft of the Contracting States shall be en- 
 titled to the same measure of assistance for landing, particu- 
 larly in case of distress, as national aircraft. 
 
 Article 23 — With regard to the salvage of aircraft wrecked 
 at sea the principles of maritime law will apply, in the absence 
 of any agreement to the contrary. 
 
 Article 24 — Every aerodrome in a contracting State, which 
 upon payment of charges is open to public use by its national 
 aircraft, shall likewise be open to the aircraft of aU the other 
 contracting States. 
 
 In every such aerodrome there shall be a single tariff of 
 charges for landing and length of stay applicable alike to 
 national and foreign aircraft. 
 
 Article 25 — Each contracting State undertakes to adopt meas- 
 ures to ensure that every aircraft flying above the limits of 
 its territory and that every aircraft wherever it may be, 
 carrying its nationality mark, shall comply with the regula- 
 tions contained in Annex D. 
 
 Each of the contracting States undertakes to ensure the 
 prosecution and punishment of all persons contravening these 
 regulations. 
 
 Chapter VI — Prohibited Transport 
 
 Article 26 — The carriage by aircraft of explosives and of 
 arms and munitions of war is forbidden in international navi- 
 gation. No foreign aircraft shall be permitted to carry such 
 articles between any two points in the same contracting State. 
 
 Article 27 — Each State may, in aerial navigation, prohibit 
 or regulate the carriage or use of photographic apparatus. 
 Any such regulations shall be at once notified to the Inter- 
 national Commission for Air Navigation, which shall communi- 
 cate this information to the other contracting States. 
 
 Article 28 — As a measure of public safety, the carriage of 
 objects other than those mentioned in articles 36 and 37 may 
 be subjected to restrictions by any State. Any such regula- 
 tions shall be at once notified to the International Commission 
 for Air Navigation, which shall communicate this information 
 to the other contracting States. 
 
 Article 29 — All restrictions mentioned in Article 28 shall be 
 applied equally to national and foreign aircraft. 
 
 Chapter VII— State Aircraft 
 
 Article 30 — The following shall be deemed to be State Air- 
 craft : — 
 
 (o) Military aircraft 
 
 (6) Aircraft exclusively employed in State service, such as 
 posts, customs, police. 
 
 Every other aircraft shall be deemed to be a private aircraft. 
 
 All state aircraft other than military, customs and police 
 aircraft shall be treated as private aircraft and as such shall 
 be subject to all the provisions of the present Convention. 
 
 Article 31 — Every aircraft commanded by a person in mili- 
 tary service detailed for the purpose shall be deemed to be a, 
 military aircraft. 
 
 Article 32 — No military aircraft of a contracting State shall 
 
TEXTBOOK OF AERIAL LAWS 
 
 53 
 
 fly over the territory of another contracting State nor land 
 thereon without special authorisation. In case of such authorisa- 
 tion the military aircraft shall enjoy, in principle, in the 
 absence of special stipulation the privileges which are cus- 
 tomarily accorded to foreign ships of war. 
 
 A military aircraft which is forced to land or which is re- 
 quested or summoned to land shall by reason thereof acquire 
 no right to the privileges referred to in the above paragraph. 
 
 Article 33 — Special arrangements between the States con- 
 cerned will determine in what cases police and customs air- 
 craft may be authorised to cross the frontier. They shall in 
 no case be entitled to the privileges referred to in Article 32. 
 
 Chapter VIII — International Commission for 
 Air Navigation 
 
 Article 34 — There shall be instituted, under the name of the 
 International Commission for Air Navigation, a permanent Com- 
 mission placed under the direction of the League of Nations 
 and composed of: 
 
 Two Representatives of each of the following States: The 
 United States of America, France, Italy and Japan: 
 
 One Representative of Great Britain and one of each of the 
 British Dominions and of India; 
 
 One Representative of each of the other contracting States. 
 
 Each of the five States first-named (Great Britain, the 
 British Dominions and India counting for this purpose as one 
 State) shall have the least whole number of votes which, when 
 multiplied by five, will give a product exceeding by at least 
 one vote the total number of the votes of all the other con- 
 tracting States. 
 
 All the States other than the five first named shall each 
 have one vote. 
 
 The International Commission for Air Navigation shall de- 
 termine the rules of its own procedure and the place of its 
 permanent seat, but it shall be free to meet in such places as 
 it may deem convenient. Its first meeting shall take place 
 at Paris. This meeting shall be convened by the French Gov- 
 ernment, as soon as a majority of the signatory States shall 
 have notified to it their ratifica'tion of the present Convention. 
 
 The duties of this Commission shall be: 
 
 (a) To receive proposals from or to make proposals to any 
 of the contracting States for the modification or amendment of 
 the provisions of the present Convention, and to notify changes 
 adopted ; 
 
 (6) To carry out the duties imposed upon it by the present 
 Article and by Articles 9, 13, 14, 15, 17, 27, 28, 36, and 37 of 
 the present Convention; 
 
 (c) To amend the provisions of the Annexes A-G; 
 
 (d) To collect and communicate to the contracting States in- 
 formation of every kind concerning international air navigation; 
 
 (e) To coUect and communicate to the contracting States all 
 information relating to wireless telegraphy, meteorology and 
 medical science which may be of interest to air navigation; 
 
 (/) To ensure the publication of maps for air navigation in 
 accordance with the provisions of Annex F; 
 
 {g) To give its opinion on questions which the States may 
 submit for examination. 
 
 Any modification of the provisions of any one of the Annexes 
 may be made by the International Commission for Air Naviga- 
 tion when such modification shall have been approved by three 
 fourths of the total possible votes which could be cast if all the 
 States were represented and shall become effective from the 
 time when it shall have been notified by the International Com- 
 mission for Air Navigation to all the contracting States. 
 
 Any proposed modification of the Articles of the present 
 Convention shall be examined by the International Commission 
 for Air Navigation, whether it originates with one of the con- 
 tracting States or with the Commission itself. No such modi- 
 fication shall be proposed for adoption by the contracting States, 
 unless it shall have been approved by at least two-thirds of 
 the total possible votes. 
 
 All such modifications of the Articles of the Convention (but 
 not of the provisions of the Annexes) must be formally adopted 
 by the contracting States before they become effective. 
 
 The expenses of organisation and operation of the Inter- 
 national Commission for Air Navigation shall be borne by the 
 contracting States in proportion to the number of votes at their 
 disposal. 
 
 The expenses occasioned by the sending of technical dele- 
 gations will be borne by their respective States. 
 
 Chapter IX — Final Provisions 
 
 Article 35 — The High Contracting Parties undertake as far 
 
 as they are respectively concerned to co-operate as far as 
 possible in internationt.1 measures concerning: 
 
 (a) The collection and dissemination of statistical, current, 
 and special meteorological information, in accordance with the 
 provisions of Annex G; 
 
 (6) The publication of standard aeronautical maps, and the 
 establishment of the necessary wireless stations, and the ob- 
 servance of international wireless regulations. 
 
 Article 36 — General provisions relative to customs in connec- 
 tion with international air navigation are the subject of a 
 special agreement contained in Annex H to the present Con- 
 vention. 
 
 Nothing in the present Convention shall be construed as 
 preventing the contracting States from concluding, in con- 
 formity with its principles, special protocols as between State 
 and State in respect of customs, police, posts and other matters 
 of common interest in connection with air navigation. Any 
 such protocols shall be at once notified to the International 
 Commission for Air Navigation which shall communicate this 
 information to the other contracting States. 
 
 Article 37 — In the case of a disagreement between two or 
 more States relating to the interpretation of the present Con- 
 vention, the question in dispute shall be determined by the 
 Permanent Court of International Justice to be established by 
 the League of Nations, and until its establishment by arbitra- 
 tion. 
 
 If the parties do not agree on the choice of the arbitrators, 
 they shall proceed as follows: 
 
 Each of the parties shall name an arbitrator, and the arbi- 
 trators shall meet to name an umpire. If the arbitrators can- 
 not agree, the parties shall each name a third State, and the 
 third State so named shall proceed to designate the umpire, 
 by agreement or by each proposing a name and then determin- 
 ing the choice by lot. 
 
 Disagreement relating to the technical regulations annexed 
 to the present Convention, shall be settled by the decision of 
 the International Commission for Air Navigation by a ma- 
 jority of votes. 
 
 In case the difference involves the question whether the 
 interpretation of the Convention or that of a regulation is con- 
 cerned, final decision shall be made by arbitration as pro- 
 vided in the first paragraph of this Article. 
 
 Article 38 — In case of war, the provisions of the present 
 Convention shall not affect the freedom of action of the con- 
 tracting States either as belligerents or as neutrals. 
 
 Article 39 — The provisions of the present Convention are 
 completed by the Annexes A to H which, subject to Article 
 34 (c), shall have the same effect and shall come into force 
 at the same time as the Convention itself. 
 
 Article 40 — ^The British Dominions and India shall be deemed 
 to be States for the purposes of the present Convention. 
 
 The territories and nationals of Protectorates or of terri- 
 tories administered in the name of the League of Nations, 
 shall, for the purposes of the present Convention, be assimilated 
 to the territory and nationals of the Protecting or Mandatory 
 States. 
 
 Article 41 — States which have not taken part in the war of 
 1914-1919 shall be permitted to adhere to the present Conven- 
 tion. 
 
 This adhesion shall be notified through the diplomatic chan- 
 nel to the Government of the French Republic, and by it to 
 all the signatory or adhering States. 
 
 Article 42 — A State which took part in the war of 1914-1919 
 but which is not a signatory of the present Convention, may 
 adhere only if it is a member of the League of Nations or, until 
 January 1, 1923, if its adhesion is approved by the Allied and 
 Associated Powers signatories of the Treaty of Peace concluded 
 with the said States. After January 1, 1923, this adhesion may 
 be admitted if it is agreed to by at least three fourths of the 
 signatory and adhering States voting under the conditions pro- 
 vided by Article 34 of the present Convention. 
 
 Applications for adhesions shall be addressed to the Govern- 
 ment of the French Republic, which will communicate them 
 to other contracting Powers. Unless the State applying is 
 admitted ipso facto as a Member of the League of Nations, 
 the French Government will receive the votes of the said 
 powers and will announce to them the result of the voting. 
 
 Article 43 — The present Convention may not be denounced 
 before January 1, 1922. In case of denunciation, notification 
 thereof shall be made to the Government of the French Re- 
 public, which shall communicate it to the other contracting 
 Parties. Such denunciation shall not take effect until at least 
 one year after the giving of notice, and shall take effect only 
 with respect to the power which has given notice. 
 
NATIONAL AND MUNICIPAL AERL^L LAWS AND REGULATIONS FOR 
 
 AERIAL NAVIGATION 
 
 National aerial laws and regulations for aerial 
 navigation should be uniform and based on the 
 general principles of international aerial laws 
 and regulations. Else confusion will ensue. 
 
 Fortunately the International Convention 
 for the Regulation of International Air Navi- 
 gation agreed to by the representatives of the 
 allied and associated Powers during the Peace 
 Conference, May 1919, became available in 
 time to use for a base for the drafting of na- 
 tional air laws and regulations of aerial naviga- 
 tion for the nations of the world. 
 
 As it is impossible to foresee the nature and 
 extent of aerial developments, all laws must be 
 tentative and the law-makers must be ever 
 ready to change them. 
 
 Evolution of British Aerial Navigation 
 Laws 
 
 The evolution of British Aerial Navigation 
 Laws affords an illustration of the changes made 
 necessary by the progress of aeronautics. 
 
 The British Aerial Navigation Act of June 
 2, 1911, read as follows: — 
 
 "Be it enacted by the King's most Excellent Ma- 
 jesty by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the 
 same, as follows : — 
 
 Power to prohibit navigation of aircraft over pre- 
 scribed areas. 
 
 1. — The Secretary of State may, for the purpose of 
 
 protecting the public from danger, from time to time, 
 by order prohibit the navigation of aircraft over such 
 areas as may be prescribed in the order, and if any 
 person navigates an aircraft over any such area in 
 contravention of any such order, he shall be guilty of 
 an oiFence under this Act, unless he proves that he 
 was compelled to do so by reason of stress of weather 
 or other circumstances over which he had no control. 
 2. — ^Any such order may apply either generally, to 
 all aircraft or to aircraft of such classes and descrip- 
 tions only as may be specified in the order, and may 
 prohibit the navigation of aircraft over any such pre- 
 scribed area either at all times or at such times or on 
 such occasions only as may be specified in the order, 
 and either absolutely or subject to such exceptions 
 or conditions as may be so specified. 
 
 Penalties for Ofeences. 
 
 1. — If any person is guilty of an offence, under this 
 Act, he shall be liable on conviction on indictment or 
 on summary conviction to imprisonment for a term not 
 exceeding six months, or to a fine not exceeding two 
 hundred pounds, or to both such imprisonment and 
 fine. 
 
 2. — Any person aggrieved by a summary conviction 
 under this Act may, in England or Ireland appear to 
 a court of quarter sessions, and in Scotland in like 
 manner as in the case of a conviction under the Motor 
 Car Act, 1903, as provided by section eighteen of that 
 Act. 
 
 This Act may be cited as the "Aerial Naviga- 
 tion Act, 1911," 
 
 The Aerial Navigation Act of February 14, 
 1913, read as follows : 
 
 "An Act to Amend the Aerial Navigation Act, 
 1911. 
 
 "Be it enacted by the King's most Excellent Ma- 
 
 Notes 
 
 54 
 
This photograph of the N.C.4, taken 
 at sea by Lieut. Commander C. C 
 Todd, Jr., U.S.X., shows that even 
 the N.C.4 looks small when seen in 
 the air. The only possible way of 
 ascertaining the identity of aircraft 
 in flight is by large numbers painted 
 on the sides of the fuselage and top 
 and bottom of wings and by communi- 
 cating witli them by wireless and 
 radio-telegraphy. But to enforce law.s 
 and prevent aerial smuggling will re- 
 quire an aerial force. 
 
 tf 
 
 I i.tvfS!m\\ 
 
 
 In carrying out international aerial laws the "aerial police," international or national, will, no doubt, have to use "aerodrome 
 ships," which will house the aeroplanes needed at sea to "head off" aeroplanes of doubtful identity or "pirates of the air" and 
 other lawbreakers. On receipt of a wireless message that the- lawbrealcer is at large, the planes will lie sent up from the "aero- 
 drome ship," just as they were sent up daily to head off the German air raiders during the war. In this case the aerial police- 
 man will order the lawbreaker by radio phone to land at a given aerodrome. If he fails to fly in the direction indicated, the 
 "policeman" will probably fire at the motors, to cripple the 'plane and force the lawbreaker to obey. The photograph shows the 
 deck of a British aerodrome ship with seven armed air scouts ready to start ofl^. 
 
 Face p. 54 
 
^^w^ 
 
 Will it be necessary to turn dirigibles into aeroplane carriers to use the aeroplanes to police the air at various altitude levels? 
 Aeroplanes have been successfully launched from dirigibles. This shows the British dirigible R-23 carrying an aeroplane un- 
 derneatli the rigid keel, \\hich can be easily released. 
 
 Policing the air and enforcing air traffic regulations will be especially difficult under conditions shown in this picture — a large 
 Handley-Page flying over the clouds which entirely screen it and the other plane from which the photograph was taken. 
 
 Face p. 55 
 
TEXTBOOK OF AERIAL LAWS 
 
 55 
 
 jesty by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the 
 same, as follows : — 
 
 "Extension of power of Secretary of State to regu- 
 late aircraft. 
 
 1. — The purposes for which a Secretary of State 
 may make orders prohibiting the navigation of air- 
 craft over prescribed areas under the Aerial Naviga- 
 tion Act, 1911, shall include the purposes of the de- 
 fence or safety of the realm, and, where an order is 
 made for those purposes, the area prescribed may in- 
 clude the whole or any part of the coastline of the 
 United Kingdom and the territorial waters adjacent 
 thereto. 
 
 2. — The power of the Secretary of State under the 
 said Act shall include power by order to prescribe the 
 areas within which aircraft coming from any place 
 outside the United Kingdom are to land and the other 
 conditions to be complied with by such aircraft, and if 
 any person contravenes any of the provisions of any 
 such order, he shall be guilty of an offence under the 
 said Act, unless he proves that he was compelled to 
 do so by reason or stress of weather or circumstances 
 over which he had no control. 
 
 Power to Compel Compliance When Aircraft 
 Disobeys Signals. 
 
 If an aircraft flies or attempts to fly over any 
 area prescribed under this Act for the purposes of 
 the defence or safety of the realm, or, in the case of 
 an aircraft coming from any place outside the United 
 Kingdom, fails to comply with any of the conditions 
 as to landing prescribed by an order under the last 
 ■foregoing section, it shall be lawful for any officer 
 designated for the purpose by regulations made by the 
 Secretary of State to cause such signal as may be 
 prescribed by those regulations to be given and after 
 such signal has been given if the aircraft fails to re- 
 spond to the signal by complying with such regula- 
 tions as may be made by the Secretary of State pre- 
 scribing the action to be taken on such a signal being 
 given, it shall be lawful for the officer to fire at or into 
 such aircraft and to use any and every other means 
 necessary to compel compliance, and every and any 
 
 such officer and every other person acting in his stead 
 and discharged from any indictment, penalty, action, 
 or other proceeding for so doing. 
 
 This Act may be cited as the Aerial Navigation Act, 
 1913; and the Aerial Navigation Act, 1911, and this 
 Act may be cited together as the Aerial Navigation 
 Acts, 1911 and 1913." 
 
 British Air Navigation Regulations, 1919 
 
 Great Britain was the first country to issue 
 regulations for civil aeronautics after the sign- 
 ing of the Armistice. These regulations, which 
 follow, were issued by the British Air Ministry 
 under date of April 30th, 1919, and while some 
 of the provisions have proven undesirable and 
 have practically been suspended, the draft of- 
 fers a good basis for development of national 
 aerial laws, especially for nations surrounded 
 by other countries like England, France and 
 Italy. 
 
 "In pursuance of the powers conferred upon 
 me by the Air Navigation Acts, 1911 and 1913, 
 and all other powers enabling me in that behalf, 
 I, the Right Honorable Winston Spencer 
 Churchill, one of His Majesty's Principal 
 Secretaries of State, by order make the follow- 
 ing regulations : — 
 
 General Conditions of Flying 
 
 I. No aircraft shall fly within the limits of 
 the British Islands and the territorial waters 
 adjacent thereto unless the following conditions 
 are complied with: — 
 
 (1) The aircraft shall be registered in the 
 prescribed manner ; 
 
 (2) The aircraft shall bear the prescribed 
 registration and nationality marks, affixed or 
 
 Notes 
 
56 
 
 TEXTBOOK OF AERIAL LAWS 
 
 painted on the aircraft in the prescribed man- 
 ner; 
 
 (3) The personnel of the aircraft shall be 
 licensed in the prescribed manner; 
 
 (4) There shall be carried in the aircraft: — 
 
 (a) The certificate of registration; and 
 
 (b) The license of any member of the per- 
 sonnel who is required to be licensed; 
 
 (5) The provisions of these regulations as 
 to general safety, and the rules as to lights and 
 signals and rules of the air, as set out in these 
 regulations, shall be duly complied with ; 
 
 (6) No mails shall be carried without the 
 consent in writing of the Postmaster-General, 
 and no wireless apparatus shall be installed or 
 worked except under and in accordance with a 
 license granted by the Postmaster-General, con- 
 taining such conditions as may be approved by 
 the Secretary of State; 
 
 (7) The aircraft shall not fly over any 
 prohibited area as defined by these regula- 
 tions ; 
 
 Provided that — 
 
 (a) the requirements of this regulation as to 
 registration and as to the bearing of registra- 
 tion and nationality marks, shall not apply to 
 aircraft built for the purpose of experiment, and 
 flown for the purpose of experiment or test only, 
 within three miles of an aerodrome or aircraft 
 factory or in accordance with such directions 
 (if any) as may be given by the Secretary of 
 States; and 
 
 (b) the requirements of this regulation as to 
 licensing of personnel shall not apply within the 
 precincts of an aerodrome in the case of per- 
 sonnel under instructions or of aircraft flying 
 for experimental purposes. 
 
 Additional Conditions in Certain Cases 
 
 II. Without prejudice to the last foregoing 
 regulation — 
 
 (1) A passenger aircraft carrying passen- 
 gers shall not — 
 
 (a) fly within the limits aforesaid unless it 
 has been certified in the prescribed manner as 
 airworthy, and the prescribed conditions as to 
 airworthiness, periodical overhaul, and examina- 
 tion before each flight are complied with, and 
 all the prescribed certificates in relation to air- 
 worthiness are carried in the aircraft ; or 
 
 (b) use as a regular place of departure or 
 place of landing any place other than a licensed 
 aerodrome, or a Royal Air Force aerodrome or 
 aerodrome under the control of the Secretary 
 of State approved for the purpose by the Secre- 
 tary of State ; 
 
 (2) A passenger or goods aircraft shall not 
 fly within the limits aforesaid unless there are 
 carried in the aircraft the prescribed log books, 
 accurately kept up to date in the prescribed form 
 and manner; 
 
 ( 3 ) An aircraft arriving in or departing from 
 the United Kingdom shall comply with the pro- 
 visions of these regulations applicable to such 
 a case. 
 
 Reference to Schedule 
 
 III. — (1) The provisions in the schedules to 
 those regulations shall have effect as part of 
 these regulations, and shall be duly observed by 
 all persons concerned in the cases to which they 
 relate, that is to say : — 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 57 
 
 SCHEDUU 
 
 SuuJECT Matteh 
 
 I 
 
 Registration of aircraft. 
 
 II 
 
 Licensing of personnel. 
 
 III 
 
 Certificates of airworthiness for passenger aircraft. 
 
 
 and periodical overhaul and examination of such 
 
 
 aircraft. 
 
 IV 
 
 Registration and nationality marks. 
 
 V 
 
 Log books. 
 
 VI 
 
 Prohibited areas. 
 
 VII 
 
 Rules as to lights and signals and rules of the air. 
 
 VIII 
 
 Rules as to aircraft arriving in or departing fron: 
 
 
 the United Kingdom. 
 
 (2) The Secretary of State may, if he thinks 
 fit, issue directions for the purpose of supple- 
 menting or giving full effect to the provisions 
 of the above schedules, or for any purpose for 
 which provision is under these regulations to be 
 made by direction of the Secretary of State. 
 
 Aerodromes 
 
 IV. — (1) No place in the British Islands 
 shall be used as an aerodrome or as a regular 
 place of landing or departure by passenger air- 
 craft carrying passengers, unless it has been 
 licensed for the purpose by the Secretary of 
 State, and any conditions of such license are 
 complied with. 
 
 (2) There shall be kept exhibited in a con- 
 spicuous place at all aerodromes used for the 
 landing or departure of passenger or goods air- 
 craft, a tariff of charges in such form and on 
 such scale as may be directed or approved by 
 the Secretary of State. 
 
 (3) In the case of any contravention of or 
 failure to comply with this regulation, the pro- 
 prietor of the aerodrome shall be deemed to have 
 acted in contravention of or, as the case may be, 
 failed to comply with these regulations. 
 
 (4) This regulation shall not apply to Royal 
 
 Air Force aerodromes or aerodromes under the 
 control of the Secretary of State, the use of 
 which has been sanctioned by the Secretary of 
 State; provided that any directions of the Sec- 
 retary of State as to the use of such aerodromes 
 are complied with. 
 
 General Safety Provisions 
 
 V. — (1) An aircraft shall not fly over any 
 city or town except at such altitude as will en- 
 able the aircraft to land outside the city or town 
 should the means of propulsion fail through 
 mechanical breakdown or other cause; 
 
 Provided that this prohibition shall not apply 
 to any area comprised within a circle of a radius 
 of one mile from the centre of a licensed aero- 
 drome or of a Royal Air Force aerodrome, or 
 of an aerodrome under the control of the Secre- 
 tary of State. 
 
 (2) No person in any aircraft shall — 
 
 (a) carry out any trick flying or exhibition 
 flying over any city or town area or populous 
 district; or 
 
 (b) carry out any trick flying or exhibition 
 flying over any regatta, race meeting, or 
 meeting for public games or sports, except 
 where specially arranged for in writing by 
 the promoters of such regatta or meeting; 
 or 
 
 (c) carry out any flying which by reason 
 of low altitude or proximity to persons or 
 dwellings is dangerous to public safety; or 
 
 (d) drop or cause or permit to be dropped, 
 from the aircraft any article except ballast 
 as authorised by the rules of the air as set out 
 in these regulations. 
 
 Notes 
 
58 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Production of Licences, Certificates and Log- 
 Books for Inspection 
 
 VI. — (1) Any member of the personnel of 
 an aircraft shall on demand produce his license 
 for the inspection of any persons authorised for 
 the purpose by the Secretary of State. 
 
 (2) The owner and person in charge of any 
 aircraft shall, on demand, produce for the in- 
 spection of any person authorised for the pur- 
 pose by the Secretary of State, any certificates 
 or licenses relating to the aircraft, and also, in 
 the case of passenger or goods aircraft, any of 
 the prescribed log-books. 
 
 Right of Inspection of and Access to Aerodromes 
 and Factories 
 
 VII.— (1) Any person authorised by the 
 Secretary of State for the purpose shall have 
 the right of access at all reasonable times to any 
 aerodrome for the purpose of inspecting the 
 same, or to any place to which access is neces- 
 sary for the purpose of carrying out his powers 
 and duties under these regulations. 
 
 (2) All aircraft belonging to or employed in 
 the service of His IMajesty shall have at all 
 reasonable times the right of aqpess to an_j li- 
 censed aerodrome. 
 
 (3) During the construction of a passenger 
 aircraft any preson authorised by the Secretary 
 of State shall at all times during working hours 
 have the right of access, for purposes of inspec- 
 tion, to that portion of the shops in which parts 
 are being manufactured or assembled, and to 
 drawings of the parts under inspection, whether 
 at the works of the main contractor or of sub 
 contractors. 
 
 Exceptions 
 
 VIII. These regulations do not, except where 
 otherwise expressly stated, apply — 
 
 (a) to military aircraft belonging to or 
 employed in the service of his Majesty; or 
 
 (b) to any aircraft or to any persons if and 
 to such extent as such aircraft or persons may 
 be excepted from these regulations, or any of 
 them, by direction of the Secretary of State 
 on the recommendation of a Government De- 
 partment. 
 
 Foreign Aircraft 
 
 IX. The provisions of these regulations as 
 to— 
 
 (a) registration of aircraft ; 
 
 (b) licensing of personnel; 
 
 (c) airworthiness; 
 
 (d) log books; an 
 
 (e) wireless apparatus; 
 
 shall not apply to foreign aircraft: 
 Provided that — 
 
 (i) no foreign military aircraft shall fly 
 over or land in the British Isles or the terri- 
 torial waters adjacent thereto except on the 
 express invitation or with the express permis- 
 sion of His Majesty or of a Government De- 
 partment, but any such aircraft landing on 
 such invitation or with such permission shall 
 be exempt from these regulations to such ex- 
 tent and on such conditions as may be speci- 
 fied in the invitation or permission; and 
 
 (ii) where any foreign aircraft, after first 
 landing in the British Islands, flies over any 
 part thereof except in such manner as may 
 be necessary in order to proceed to a foreign 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 59 
 
 destination, all the provisions of these regula- 
 tions shall apply to that aircraft unless there 
 are carried in the aircraft, and produced for 
 inspection as and when required by the Secre- 
 tary of State, certificates, licenses, and log 
 books issued by the responsible authority in 
 the country to which the aircraft belongs, 
 comply substantially with the provisions of 
 these regulations, and unless ( in the case of a 
 passenger aircraft) the conditions of the air- 
 craft from the point of view of the safety of 
 the passengers and personnel correspond 
 substantially with the particulars contained 
 in the certificates produced. 
 
 Penalties 
 
 X. — (1) Where any aircraft flies in contra- 
 vention of, or fails to comply with, these regu- 
 lations or any provision thereof, the owner of 
 the aircraft, and also the pilot or commander, 
 shall be deemed to have contravened or, as the 
 case may be, failed to comply with these regu- 
 lations : 
 
 Provided that it shall be a good defence to 
 any proceedings for contravention or failure to 
 comply with these regulations if the contraven- 
 tion or failure is proved to have been due to 
 stress of weather or other unavoidable cause. 
 
 (2) If any person obstructs or impedes any 
 person acting under the authority of the Secre- 
 tary of State in the exercise of his powers and 
 duties under these regulations, such first-men- 
 tioned person shall be deemed to have acted in 
 contravention of these regulations. 
 
 (3) Any person contravening or failing to 
 comply with these regulations or any provision 
 thereof is liable to imprisonment for a term not 
 
 exceeding six months or to a fine not exceeding 
 two hundred pounds, or to both such imprison- 
 ment and fine. 
 
 (4) Any aircraft which flies or attempts to 
 fly over a prohibited area is liable to be fired on 
 in accordance with section two of the Aerial 
 Navigation Act, 1913, and the provisions of 
 these regulations relating thereto, 
 
 (5) If any person in any aircraft is guilty of 
 any act of espionage to which the provisions of 
 section one of the Official Secrets Act, 1911, 
 apply, he is liable to penal servitude for a term 
 not exceeding seven years. 
 
 Power to Cancel or Suspend Licenses and 
 Certificates 
 
 XL — (1) The license of any member of the 
 personnel of an aircraft, or the license of any 
 aerodrome, may be cancelled or suspended by 
 the Secretary of State on sufficient ground be- 
 ing shown to his satisfaction, after due inquiry, 
 and his decision shall be final: 
 
 Provided that in special cases the Secretary 
 of State may suspend any such license tempo- 
 rarily and provisionally pending the holding of 
 an inquiry. 
 
 (2) Any certificate relating to the airworthi- 
 ness of an aircraft may be cancelled or sus- 
 pended by the Secretary of State if he is satisfied 
 that reasonable doubt exists as to the safety of 
 the aircraft in question, or of the type to which 
 the aircraft in question belongs. 
 
 (3) Where any person is convicted of any 
 contravention or failure to comply with these 
 regulations in respect of any aircraft, the Secre- 
 tary of State may cancel or suspend the certifi- 
 cate of registration of that aircraft. 
 
 Notes 
 
60 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Interpretation 
 
 XII. — In these regulations, unless the con- 
 text otherwise requires — 
 
 "Aircraft" includes airships and flying ma- 
 chines, all balloons, whether fixed or free, and 
 kites. 
 
 "Airship" means an aircraft lighter-than-air 
 and having means of propulsion. 
 
 "Balloon" means an aircraft lighter-than-air 
 and having no means of propulsion. 
 
 "Flying machine" includes aeroplanes, sea- 
 planes, flying boats, and other flying machines 
 heavier-than-air and having means of propul- 
 sion. 
 
 "Military aircraft" includes naval, military 
 and Air Force aircraft. 
 
 "Passenger aircraft" and "goods aircraft" 
 mean respectively aircraft intended for carry- 
 ing passengers or goods (including mails), for 
 hire or reward, and include respectively aircraft 
 on which passengers or goods are actually so 
 carried. 
 
 "Personnel" (in relation to any aircraft) in- 
 cludes any pilot, commander, navigator, and en- 
 gineer, and any operative member of the crew. 
 
 "Aerodrome" means any definite and limited 
 ground or water area intended to be used and 
 capable of being used, either wholly or in part, 
 for the landing or departure of aircraft. 
 
 "Proprietor of an aerodrome" includes any 
 person responsible for the management thereof. 
 
 "Licensed aerodrome" means an aerodrome 
 licensed under these regulations. 
 
 "Prescribed" means prescribed by these reg- 
 ulations or by directions of the Secretary of 
 State thereunder. 
 
 "Prohibited area" means any of the areas re- 
 
 ferred to in Schedule VI. of these regulations. 
 
 "Secretary of State" includes, in relation to 
 any purpose of these regulations, any person 
 authorized by the Secretary of State for that 
 purpose. 
 
 The Interpretation Act, 1889, applies for the 
 purpose of the interpretation of these regula- 
 tions as it applies for the purpose of the inter- 
 pretation of an Act of Parliament, and as if 
 these regulations were an Act of Parliament. 
 
 Saving 
 
 XIII. — Nothing in these regulations shall be 
 construed as conferring any right to land in any 
 place as against the owner of the land or other 
 persons interested therein, or as prejudicing the 
 rights or remedies of any person in respect of 
 any injury to persons or property caused by 
 any aircraft. 
 
 Short Title 
 
 XIV. — These regulations may be cited as the 
 Air Navigation Regulations, 1919. 
 
 WINSTON S. CHURCHILL, 
 
 One of His INIajesty's Principal Secretaries 
 of State. Air Ministry, London, April 30th, 
 1919. 
 
 Schedule I — Registration of Aircraft 
 
 1. — Certificates of registration shall be 
 granted by the Secretary of State, and upon 
 registration there shall be assigned to the regis- 
 tered aircraft a registration mark. 
 
 2. — The apphcant, unless the Secretary of 
 State in special cases otherwise allows, must be 
 a British subject, or in the case of a body cor- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 61 
 
 porate must be registered and have its principal 
 place of business in the United Kingdom. 
 
 3. — Application for registration shall be made 
 to the Secretary, Air Ministry. 
 
 4. — The fee to be charged for registration 
 will be one guinea. 
 
 5. — Upon any change of ownership of regis- 
 tered aircraft, the certificate of registration shall 
 lapse, but a fresh certificate may be applied for 
 by the new owner. 
 
 Air Navigation Directions I — Air 
 
 Navigation Acts, 1911-1919 
 
 Directions 
 
 The Air Navigation Regulations, 1919, re- 
 cently issued, provide for the issue of supple- 
 mentary "Directions" as may be necessary, and 
 the following directions are accordingly notified 
 for the information of all concerned: 
 
 I — Registration of Aircraft 
 
 1. — With reference to Regulations 1 (1) and 
 Schedule 1, applications for registration should 
 be made to the Secretary, Air Ministry, Lon- 
 don, W. C. 2. 
 
 2. — Application forms will be supplied on de- 
 mand. 
 
 Schedule II — Licensing of Personnel 
 Licensing Authority 
 
 1. — Licenses shall be granted by the Secre- 
 tary of State. Application therefor shall be 
 made to the Secretary, Air Ministry. 
 
 Pilots 
 
 2. — A person applying for a pilot's license to 
 fly passenger or goods aircraft will be required 
 to— 
 
 (a) Pass a medical examination carried 
 out under the control of the Secretary of 
 State. 
 
 (b) Produce a certificate of competency 
 issued by the Secretary of State, or be quali- 
 fied as a Royal Air Force pilot. 
 
 (c) Submit proof of recent resonable fly- 
 ing experience on the class of machine for 
 which the license is required, or failing such 
 proof undergo practical tests. 
 
 3. — A person applying for a pilot's license 
 to fly machines other than passenger or goods 
 aircraft must either be qualified as a Royal Air 
 Force pilot, or produce a certificate of com- 
 petency issued by the Secretary of State. 
 
 Navigators 
 
 4. — A person applying for a license to navi- 
 gate passenger or goods aircraft will be required 
 to— 
 
 (a) Pass a medical examination carried 
 out under the control of the Secretary of 
 State. 
 
 (b) Produce a certificate of competency 
 issued by the Secretary of State. 
 
 Engineers 
 
 5. — A person applying for a license to be en- 
 gaged as engineer on passenger or goods aircraft 
 will be required to— 
 
 (a) Pass a medical examination carried 
 out under the control of the Secretary of 
 State. 
 
 (b) Submit proof of sufficient knowledge 
 and experience in the management of aircraft 
 engines. 
 
 (c) Undergo, if necessary, practical and 
 theoretical tests. 
 
 Notes 
 
62 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Other Persons 
 
 6. — Persons applying for a license in any 
 other capacity than those above specified must 
 comply with such conditions as may be directed 
 by the Secretary of State. 
 
 General 
 
 7. — Holders of licenses may be required from 
 time to time to undergo further medical exami- 
 nation carried out under the control of the Sec- 
 retary of State. 
 
 8. — Licenses shall remain valid for the follow- 
 ing periods : 
 
 Pilots' licenses 6 months 
 
 Other hcenses 12 months 
 
 and shall not be valid unless endorsed by the 
 Secretary of State at those intervals. 
 
 9. — The fee to be charged in respect of each 
 license issued and in respect of each such en- 
 dorsement as aforesaid shall be five shillings. 
 
 In the event of any applicant being required 
 to undergo such practical test as is specified in 
 paragraphs 2 (c) and 5 (c) above, a further 
 fee of one guinea will be charged. 
 
 The directions concerning this schedule are of 
 considerable interest: 
 
 II — Licensing of Personnel 
 
 1. — With reference to Regulations 1 (3) and 
 Schedule II, applications for licenses should be 
 made to the Secretary, Air Ministry, London, 
 W. C. 2. 
 
 2. — Any member of the personnel of an air- 
 craft, other than those specifically mentioned in 
 Schedule II, can obtain on application to the 
 
 Secretary, Air Ministry, particulars of the re- 
 quirements for obtaining a license. 
 
 3. — Application forms will be supplied on de- 
 mand. 
 
 Medical Requirements 
 
 4. — Every applicant before obtaining a license 
 .as a pilot, navigator, or engineer of aircraft en- 
 gaged in public transport will present himself 
 for exaniination by specially quahfied men ap- 
 pointed by or acting under the authority of the 
 Secretary of State. 
 
 5. — Medical supervision, both for the selec- 
 tion and the maintenance of efiSciency, shall be 
 based upon the following requirements of men- 
 tal and physical fitness : 
 
 (a) Good family and personal history, 
 with particular reference to nervous stabihty. 
 Absence of any mental, moral, or physical 
 defect which will interefere with fljang effi- 
 ciency. 
 
 (b) Minimum Age for pilots and navi- 
 gators engaged in public transport shall be 
 nineteen (19) years. 
 
 (c) General Surgical Examination. — 
 The applicant must neither suffer from am^ 
 wovmd, injury or operation, nor possess any 
 abnormality, congenital or otherwise, which 
 will interfere with the efficient and safe hand- 
 ling of aircraft. 
 
 (d) General Medical Examination. — 
 The applicant must not suffer from any dis- 
 ease or disability that renders him liable sud- 
 denly to become incompetent in the manage- 
 ment of aircraft. He must possess heart, 
 lungs, kidneys, and nervous system capable 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 63 
 
 of withstanding the effects of altitude and 
 also the effects of prolonged flight. 
 
 (e) Eye Examination. — The applicant 
 must possess a degree of visual acuity com- 
 patible with the efficient performance of his 
 duties. No pilot or navigator shall have more 
 than two (2) dioptres of latent hypermetro- 
 pia; muscle balance must be good and com- 
 mensurate with the refraction. He must 
 have a good field of vision in each eye and 
 must possess normal color perception. 
 
 (f) Eae Examination. — The middle ear 
 must be healthy. The applicar^t must pos- 
 sess a degree of auditory acuity compatible 
 with the efficient performance of his duties. 
 
 (g) The vestibular mechanism must be in- 
 tact, and neither unduly hypersensitive nor 
 hyposensitive. 
 
 (h) Nose and Throat Examination. — 
 The applicant must possess free nasal entry 
 on either side, and not suffer from serious 
 acute or chronic affections of the upper re- 
 spiratory tract. 
 
 6. — The successful applicant will receive a 
 medical certificate of acceptance, which must 
 be produced before the license can be issued. 
 
 7.- — In order to insure the maintenance of 
 efficiency, every applicant shall be re-examined 
 periodically, at least every six months, and the 
 findings attached to his original record. In case 
 of illness or accident, also, a pilot, navigator or 
 engineer shall be re-examined and pronounced 
 fit before resuming aerial duties. The date and 
 result of each re-examination shall be recorded 
 on the applicant's flying certificates. 
 
 8. — No applicant who, before May 1, 1919, 
 has given proof of his flying ability shall, so long 
 
 as he retains such ability, be necessarily disqual- 
 ified because he fails to fulfill all of the above re- 
 quirements. 
 
 9. — Applications for medical examination 
 should be made to the Secretary, Air Ministry, 
 London, W. C. 2. 
 
 Flying Certificates 
 
 10. — Certificates for Pilots of Flying 
 Machines : 
 
 "A" Flying Certificate for private pilots (not 
 valid for flying passenger or goods aircraft). 
 
 "B" Pilot's Flying Certificate for flying pas- 
 senger or goods aircraft. 
 
 "A" Private Pilot's Flying Certificate 
 
 (I) Practical Tests. 
 
 In each practical test the candidate must be 
 alone in the flying machine. 
 
 (a) Test for Altitude and Gliding 
 Flight. — A flight without landing, during 
 which the pilot shall remain for at least an hour 
 at a minimum altitude of 6,000 feet above the 
 point of departure. The descent shall finish 
 with a ghde, the engines cut off at 4,500 feet 
 above the landing ground. The landing shall 
 be made within 150 yards or less of a point fixed 
 beforehand by the official examiners of the test 
 without starting the engine again. 
 
 (b) Tests or Skill. — A flight without land- 
 ing around two posts (or buoys) situated 500 
 yards apart, making a series of five figure-of- 
 eight turns, each turn reaching one of the two 
 posts (or buoys) . This flight shall be made at 
 an altitude of not more than 600 feet above the 
 ground (or water) without touching the ground 
 (or water). The landing shall be effected by: 
 
 Notes 
 
64 
 
 TEXTBOOK OF AERIAL LAWS 
 
 (i) Finally shutting off the engine or en- 
 gines at latest when the aircraft touches the 
 ground (or water) . 
 
 (ii) Finally stopping the flying machine 
 within a distance of 50 yards from a point 
 fixed by the candidate before starting. 
 
 (II) Technical Examination. 
 
 (a) Rules as to lights and signals, and rules 
 of the air. 
 
 (b) Rules for aerial traffic in the vicinity of 
 aerodromes. 
 
 "B" Pilot's Flying Certificate for Flying Passenger 
 or Goods Aircraft 
 
 (I) Practical Tests. 
 
 In each practical test the candidate must be 
 alone in the flying machine. 
 
 (a) The tests for altitude and ghding flight 
 and for skill are the same as those required for 
 a private pilot's Flying Certificate. Candi- 
 dates, already in possession of the latter certifi- 
 cate are not required to pass these tests again. 
 
 (b) Test of Endurance. — A cross-country 
 or oversea flight of at least 200 miles and the 
 final landing shall be made at the point of de- 
 parture. 
 
 This flight shall be carried out by the same 
 aircraft within eight hours, and include two 
 obligatory landings, during which the machine 
 must come to rest, which shall not be at the point 
 of departure, but shall be fixed by the judges. 
 
 At the time of departure the candidate shall 
 be informed of his course and furnished with a 
 map. The judges will decide if the course has 
 been correctly followed. 
 
 (c) Night Flight. — A thirty minutes' 
 flight at an altitude of at least 1,500 feet, made 
 between two hours after sunset and two hours 
 before sunrise. 
 
 (II) Technical Examination, 
 
 After satisfactory practical tests have been 
 passed, candidates will submit themselves when 
 summoned to examination on: 
 
 (a) Flying machines. 
 
 (b) Engines. 
 
 ( c ) Navigation. 
 
 (a) Flying Machines 
 
 Aeroplanes and Seaplanes. — Theoretical 
 abstract knowledge of the resistance of the air 
 in connection with planes, rudders, elevators 
 and propellers; functions of the different parts 
 of the machine and their controls. 
 
 Assembling of aeroplanes, propellers, under- 
 carriages, rudders, elevators and their controls. 
 
 Practical tests on rigging. 
 
 (b) Engines 
 
 General knowledge of internal combustion 
 engines and their various functions ; valve gear, 
 carburation, ignition, exhaust. 
 
 Characteristics of aero-engines and a general 
 idea of their construction, adjustment and as- 
 sembling. 
 
 Causes of the faulty running of engines. 
 Fuel and oils. Description of the details of the 
 aero-engines used. Adjustments, lubrication, 
 upkeep, dissembling and assembling of the 
 principal parts; causes of breakdown. Use of 
 throttle and other controls. 
 
 Practical tests in running repairs. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 65 
 
 (c) Navigation 
 
 Knowledge of rules as to lights and signals, 
 rules of the air, and rules for aerial traffic in the 
 vicinity of aerodromes. 
 
 Practical knowledge of the special conditions 
 of aerial traffic. 
 
 Map reading, use of compass, location of po- 
 sition. 
 
 Remarks 
 
 The practical tests shall be carried out within 
 a maximum period of one month. 
 
 They may be carried out in any order, and 
 each may be attempted twice. They shall be 
 witnessed by at least two properly accredited 
 examiners who will hand over the official reports 
 to the proper authorities. 
 
 The official reports will give full details of the 
 flights, especially of the landings. The candi- 
 dates shall fm^nish, before each test, proof of 
 identity, which the examiners have the right to 
 demand. 
 
 A barograph shall be carried on all practical 
 tests, and the graph signed by the two examin- 
 ers shall be attached to their report. 
 
 11. — Certificate for Navigators. — The 
 candidate must pass a theoretical and practical 
 examination in the following: 
 
 (a) Practical Astronomy 
 
 True and apparent movements of the celestial 
 bodies. 
 
 Different aspects of the celestial sphere. 
 
 Hour angles, mean, true and astronomical 
 time. 
 
 Shape and dimensions of earth. 
 
 Star globes and maps. 
 
 Methods of determining latitude, longitude, 
 time and azimuth. 
 
 (b) Navigation 
 
 Maps and charts — how to read them. 
 
 Compass — magnetic meridian — declination, 
 deviation, variation. 
 
 Courses — bearings — and their corrections. 
 
 Compensation of compasses (technical and 
 practical). 
 
 Calculations of azimuth. 
 
 Flight by dead reckoning— measure of the 
 relative speed — drift, traverse table. 
 
 Chronometer — chronometer rate — compari- 
 sons. 
 
 Sextants — adjustments. 
 
 Nautical almanac. 
 
 Determination of positions by means of bear- 
 ings and altitudes of stars. 
 
 Knowledge of great circle navigation. 
 
 Aeronautical navigational instruments. 
 
 (c) General Knowledge 
 
 International rules for aerial and maritime 
 navigation. 
 
 Practical knowledge of international aerial 
 legislations. 
 
 Good knowledge of meteorology and of 
 weather charts. 
 
 I — Rules as to Lights and Signals 
 
 1. — The rules concerning lights shall be com- 
 plied with in all weathers from sunset to sunrise, 
 and during such time no other lights which may 
 be mistaken for the prescribed navigation lights 
 shall be exhibited. The said prescribed naviga- 
 tion lights must not be dazzling. 
 
 Notes 
 
66 
 
 TEXTBOOK OF AERIAL LAWS 
 
 2. — A flying machine when in the air, or 
 manoeuvring on land or water under its own 
 power, shall carry the following lights : — 
 
 (a) Forward, a white light, visible in a 
 dihedral angle of two hundred and twenty de- 
 grees bisected by a vertical plane through the 
 line of flight, and of such a character as to be 
 visible at a distance of at least five miles ; 
 
 (fo) On the starboard side, a green light, 
 so constructed and fixed as to show an un- 
 broken hght between two vertical planes, 
 whose dihedral angle is one hundred and ten 
 degrees when measured to the right from dead 
 ahead, and of such a character as to be visible 
 at a distance of at least three miles ; 
 
 (c) On the port side, a red light, so con- 
 structed and fixed as to show an unbroken 
 hght between two vertical planes whose di- 
 hedral angle is one hundred and ten degrees 
 when measured to the left from dead ahead, 
 and of such a character as to be visible at a 
 distance of at least three miles ; 
 
 (d) The said green and red sidelights shall 
 be fitted so that the green light shall not be 
 seen from the port side, nor the red light from 
 the starboard side; 
 
 (e) At the rear, and as far aft as possible, 
 a white light shining rearwards, and visible 
 in a dihedral angle of one hundred and forty 
 degrees bisected by a vertical plane through 
 the line of flight ; 
 
 (/) In the case where, in order to fulfill 
 conditions (a) to (e) above, the single light 
 has to be replaced by several lights, the field 
 of visibility of each of these lights should be 
 so limited that in no case can more than one 
 be seen at a time. 
 
 3. — The rules as to the lighting of flying 
 machines shall apply to airships, subject to the 
 following modifications : — 
 
 (a) All lights shall be doubled, the for- 
 ward and aft hghts vertically, and the side 
 lights horizontally; 
 
 (&) Both lights of each pair forward and 
 aft shall be visible at the same time. 
 
 The distance between each light comprising a 
 pair shall not be less than six feet. 
 
 4. — An airship, when being towed, shall carry 
 the lights referred to in rule 3, and in addition 
 those specified in rule 6 for airships not under 
 control. 
 
 5. — A flying machine when on the surface of 
 the water and when not under control, that is to 
 say, not able to manoeuvre as required by the 
 regulations for preventing collisions at sea, shall 
 carry two red lights not less than six feet apart 
 in a vertical line one over the other, and of such 
 a character as to be visible all round the horizon 
 at a distance of at least two miles. In addition, 
 the side lights must be shown if the flying ma- 
 chine is under way. 
 
 6. — An airship which from any cause is not 
 under control or which has voluntarily stopped 
 her engines shall, in addition to the other speci- 
 fied lights, display conspicuously two red lights, 
 one over the other approximately in a vertical 
 hne, not less than six feet apart and constructed 
 to show a light in all directions and of such a 
 character as to be visible at a distance of at least 
 two miles. 
 
 By day an airship, when being towed, or 
 which from any cause is not under control, shall 
 display conspicuously two black balls or shapes. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 67 
 
 each two feet in diameter, placed one over the 
 other and approximately in a vertical line. 
 
 An airship moored or under way, but having 
 voluntarily stopped its engines, shall display 
 conspicuously by day a black ball or shape two 
 feet in diameter, and shall be treated by other 
 aircraft as being not under control. 
 
 7. — A free balloon shall carry one bright 
 white light below the car at a distance of not 
 less than twenty feet, and so constructed as to 
 show an unbroken light in all directions and 
 of such a character as to be visible at a distance 
 of at least two miles. 
 
 8. — A fixed balloon shall carry in the same 
 position as the white light mentioned in rule 7, 
 and in lieu of that light, three lights in vertical 
 line one over the other, not less than six feet 
 apart. The highest and lowest of these lights 
 shall be red, and the middle light shall be white 
 and they shall be of such a character as to be 
 visible in all directions at a distance of at least 
 two miles. 
 
 In addition, the mooring cable shall have at- 
 tached to it at intervals of one thousand feet, 
 measured from the basket, groups of three lights 
 similar to those mentioned in the preceding 
 paragraph. In addition, the object to which 
 the balloon is moored on the ground shall have 
 a similar group of hghts to mark its position. 
 
 By day the mooring cable shall carry in the 
 same positions as the groups of lights men- 
 tioned in the preceding paragraph, and in lieu 
 thereof, tubular streamers, not less than eight 
 inches in diameter and six feet long, and marked 
 with alternate bands of white and red eighteen 
 inches in width. 
 
 9. — An airship, when moored near the 
 
 ground, shall carry the lights referred to in rules 
 2 (a) and (e) and 3. 
 
 In addition, if moored but not near 
 the ground, the airship, the mooring cable, and 
 the object to which moored, shall be marked in 
 accordance with the provisions of rule 8, whether 
 by day or by night. 
 
 Sea anchors or drogues used by airships for 
 mooring purposes at sea are exempt from this 
 rule. 
 
 10. — A flying machine stationary on land or 
 water, but not anchored or moored, shall carry 
 the lights specified in rule 2. 
 
 11. — In order to prevent collisions with sur- 
 face craft : — 
 
 (a) A flying machine when at anchor or 
 moored on the water shall carry forward 
 where it can best be seen a white light so con- 
 structed as to show an unbroken hght visible 
 all round the horizon at a distance of at least 
 one mile. 
 
 (&) A flying machine of one hundred and 
 fifty feet or upwards in length, when at anchor 
 or moored on the water, shall in the forward 
 part of the flying machine carry one such 
 light, and at or near the stern of the flying 
 machine, and at such a height that it shall be 
 not less than fifteen feet lower than the for- 
 ward light, another such light. 
 
 The length of a flying machine shall be 
 deemed to be the overall length. 
 
 (c) Flying machines of one hundred and 
 fifty feet or upwards in span, when at anchor 
 or moored in the water, shall carry in addition 
 at each lower wing tip one such light as speci- 
 fied in (a) of this rule. 
 
 The span of a flying machine shall be 
 
 Notes 
 
68 
 
 TEXTBOOK OF AERIAL LAWS 
 
 deemed to be the maximum lateral dimen- 
 sion. 
 
 12. — In the event of the failure of any of the 
 lights specified under these rules to be carried 
 by aircraft flying at night, such aircraft shall 
 land at the first reasonably safe opportunity. 
 
 13. — Nothing in these rules shall interfere 
 with the operation of any special rules made by 
 the Government of any nation with respect to 
 the additional station and signal lights for two 
 or more military aircraft or for aircraft in for- 
 mation, or with the exhibition of recognition 
 signals adopted by owners of aircraft which have 
 been authorised by their respective Govern- 
 ments and duly registered and published. 
 
 14.— (a) Aircraft proposing to land at night 
 on aerodromes having a ground control shall 
 before landing — 
 
 Fire a green Very's light or flash a green 
 lamp, and in addition shall make by interna- 
 tional Morse code the letter group forming its 
 call sign. 
 
 (&) Permission to land will be given by the 
 repetition of the same call sign from the ground, 
 followed by — 
 
 A green Very's liglit, or flashing a green 
 lamp. 
 
 15. — The firing of a red Very's light or the 
 display of a red flare from the ground shall be 
 taken as an instruction that aircraft are not to 
 land. 
 
 16. — An aircraft compelled to land at night 
 shall, before landing, fire a red Very's light, or 
 make a series of short flashes with the navigation 
 lights. 
 
 17 — When an aircraft is in distress and re- 
 quires assistance, the following signals shall 
 
 be used or displayed, either together or sepa- 
 rately : 
 
 (1) The international signal, SOS, by 
 means of visual or wireless signals; 
 
 (2) The international code flag signal of 
 distress, indicated by NC; 
 
 (3) The distant signal, consisting of a 
 square flag, having either above or below it a 
 ball, or anything resembling a ball; 
 
 (4) A continuous sounding with any 
 sound apparatus; 
 
 (5) A signal, consisting of a succession of 
 white Very's lights, fired at short intervals. 
 18. — In fog, mist, falling snow, or heavy 
 
 rainstorm, whether bj' day or night, an aircraft 
 on the water shall make the following sound 
 signals with any sound apparatus: — 
 
 (a) If not anchored or moored, a sound at 
 intervals of not more than two minutes, con- 
 sisting of two blasts of about five seconds 
 duration, with an interval of about one sec- 
 ond between them ; 
 
 (b) If at anchor or moored a sound at in- 
 tervals of not more than one minute, consist- 
 ing of one blast of about five seconds dm-a- 
 tion. 
 
 II — Rules of the Air 
 (a) General Rules of the Air 
 
 19. — Flying machines shall always give way 
 to balloons, fixed or free, and to airships. Air- 
 ships shall always give way to balloons, whether 
 fixed or free. 
 
 20. — An airship when not under its own con- 
 trol shall, for the purpose of the rules of the air, 
 be classed as a free balloon, 
 
 21. — A motor-driven aircraft must always 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 69 
 
 manoeuvre according to these rules as soon as it 
 is apparent that, if it pursued its course, it 
 would pass at a distance of less than 200 yards 
 from any part of another aircraft. 
 
 22. — When two motor-driven aircraft are 
 meeting end on, or nearly end on, each shall 
 alter its course to starboard. 
 
 23.— When two motor-driven aircraft are on 
 courses which cross the aircraft which has the 
 other on its own starboard side shall keep out 
 of the way of the other. 
 
 24. — An aircraft overtaking any other shall 
 keep out of the way of the overtaken aircraft by 
 altering its own course to the right, and must not 
 pass by diving. 
 
 Every aircraft coming up with another air- 
 craft from any direction more than one hundred 
 and ten degrees from ahead, i.e., in such a posi- 
 tion with reference to the aircraft which it is 
 overtaking that at night it would be unable to 
 see either of that aircraft's sidelights, shall be 
 deemed to be an overtaking aircraft; and no 
 subsequent alteration of the bearing between 
 the two aircraft shall make the overtaking air- 
 craft a crossing aircraft within the meaning of 
 these rules, or relieve it of the duty of keeping 
 clear of the overtaken aircraft until it is finally 
 past and clear. 
 
 As by day the overtaking aircraft cannot al- 
 ways know with certainty whether it is forward 
 or abaft this direction from the other aircraft, 
 it should, if in doubt, assume that it is an over- 
 taking aircraft and keep out of the way. 
 
 25. — Where by any of these rules one of the 
 two aircraft is to keep out of the way, the other 
 shall keep its course and speed. When, in con- 
 sequence of thick weather or other causes, such 
 
 aircraft finds itself so close that collision cannot 
 be avoided by the action of the giving-way air- 
 craft alone, it shall take such action as will best 
 aid to avert collision. 
 
 26. — Every aircraft which is directed by these 
 rules to keep out of the way of another aircraft 
 shall, if the circumstances of the case admit, 
 avoid crossing ahead of the other. 
 
 27. — In following an officially recognised 
 aerial route, every aircraft, when it is safe and 
 practicable, shall keep to the right side of such 
 route. 
 
 28. — Aircraft on land or water about to 
 ascend shall not attempt to "take off" until 
 there is no risk of collision with alighting air- 
 craft. 
 
 29. — Every aircraft in a cloud, fog, mist, or 
 other conditions of bad visibility shall proceed 
 with caution, having careful regard to the exist- 
 ing circumstances and conditions. 
 
 30. — In obeying and construing these rules, 
 due regard shall be had to all dangers of navi- 
 gation and collision and to any special circum- 
 stances which may render a departure from the 
 above rules necessary in order to avoid imme- 
 diate danger. 
 
 31. — The dropping of ballast other than fine 
 sand or water from aircraft in the air is pro- 
 hibited. 
 
 (b) Regulations for Air Traffic on and in the 
 Vicinity of Licensed Aerodromes 
 
 82. — At every licensed aerodrome there shall 
 be a flag hoisted in a prominent position which 
 shall indicate that if an aeroplane about to land 
 finds it necessary to make a circuit or partial 
 circuit such circuit shall be left-handed (anti- 
 
 Notes 
 
70 
 
 TEXTBOOK OF AERIAL LAWS 
 
 clockwise) or right-handed (clockwise) accord- 
 ing to the colour of the flag. A blue flag shall 
 indicate a right-handed circuit — i.e., that the 
 flag is kept to the starboard side or side which 
 carries the green hght of the aircraft, and a 
 red flag shall indicate a left-handed circuit — i.e., 
 that the red flag is kept to the port side or side 
 which carries the red light of the aeroplane. 
 
 Similarly aeroplanes leaving a licensed aero- 
 drome shall conform to the circuit as indicated 
 by the flag. 
 
 33. — When an aeroplane starts from a 
 licensed aerodrome it shall not turn until five 
 hundred yards distance from the nearest point 
 of the aerodrome, and the turning then made 
 must conform with the circuit regulation. 
 
 34.— All aeroplanes flying between five hun- 
 dred and one thousand yards distance from the 
 nearest point of a licensed aerodrome shall con- 
 form to the circuit law, unless such aeroplanes 
 are flying at -a greater height than six thousand 
 five hundred feet. 
 
 35. — Side-slip and trick landings are pro- 
 hibited at licensed aerodromes. Aircraft are 
 prohibited from indulging in trick flying within 
 a distance in any direction of at least two thou- 
 sand yards from the nearest point of such aero- 
 di'omes. 
 
 36. — At every hcensed aerodrome the direc- 
 tion of the wind shall be clearly indicated by one 
 or more of the recognised methods — e.g., land- 
 ing tee, conical streamer, smudge fire, etc. 
 
 37. — Every aeroplane, when taking off or 
 alighting on a licensed aerodrome, shall do so 
 up-wind, except when the natural conditions of 
 the aerodi'ome do not permit. 
 
 38.' — In the case of aeroplanes approaching 
 
 licensed aerodromes for the purpose of landing, 
 the aeroplane flying at the greater height shall 
 be responsible for avoiding the aeroplane at the 
 lower height, and shall, as regards landing, ob- 
 serve rule 24 as to passing. 
 
 39. — Aeroplanes showing signals of distress 
 shall be given free way in attempting to make 
 a landing on a licensed aerodrome. 
 
 40. — Every hcensed aerodrome shall be con- 
 sidered to consist of three zones when looking 
 up-wind. The right-hand zone shall be the 
 taking-off zone and the left-hand shall be the 
 landing zone. Between these two there shall 
 be a neutral zone. An aeroplane when landing 
 should attempt to land as near as possible to the 
 neutral zone, but in any case on the left 
 of any aeroplanes which have already landed. 
 After slowing up or coming to a stop at the end 
 of its landing run, an aeroplane will imme- 
 diately taxi into the neutral zone. Similarly 
 an aeroplane when taking off shall keep as far 
 as possible towards the right of the taking-off 
 zone, but shall keep clear to the left of any aero- 
 planes which are taking off or about to take off. 
 41. — No aeroplane shall commence to take off 
 until the preceding aeroplane is clear of the aero- 
 di'ome. 
 
 42. — The above rules shall apply equally to 
 night landings on licensed aerodromes, when the 
 signals shall be as follows: — 
 
 (a) A red hght shall indicate a left-hand 
 circuit and a green light shall indicate a right- 
 hand circuit. The right-hand zone will be 
 marked by white lights placed in the position 
 of an "L," and the left-hand zone wiU be 
 similarly marked. The "L's" shall be back 
 to back, that is to say that the long sides of 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 71 
 
 the "L's" will indicate the borders of the neu- 
 tral zone. The direction of landing shall in- 
 variably be along the long arm of the "L" and 
 towards the short arm. The Ughts of the 
 "L's" should be so placed that the lights in- 
 dicating the top extremity of the long arm 
 shall be the nearest point on the aerodrome 
 upon which an aeroplane can safely touch 
 ground. The lights indicating the short arm 
 of the "L" should indicate the limit of safe 
 landing ground for the aeroplanes, that is, 
 that the aeroplane should not over-run the 
 short arm. 
 
 (fe) Where it is desired to save lights and 
 personnel, the following system may be used : 
 
 Two lights shall be placed on the windward 
 side of the aerodrome to mark the limits of 
 the neutral zone mentioned in rule 40, the 
 hne joining the lights being at right angles 
 to the direction of the wind; two more hghts 
 shall be placed as follows : one on the leeward 
 side of the aerodrome on the line drawn paral- 
 
 lel to the direction of the wind and passing 
 midway between the two lights on the wind- 
 ward side, for showing the extent of the aero- 
 drome and the direction of the wind, and the 
 other shall be placed midway between the two 
 lights marking the limits of the neutral zone. 
 Additional lights may be symmetrically 
 put along the boundary lines of the neutral 
 zone and on the ends of the taking-off and 
 landing zones, on the line through the three 
 lights on the windward side. 
 43. — No fixed balloon, kite or moored airship 
 shall be elevated in the vicinity of any aero- 
 drome without a special authorisation. 
 
 44. — All licensed aerodromes must be pro- 
 tected on land within a zone of five hundred 
 yards by means of suitable markings on ob- 
 stacles dangerous to flying. 
 
 (c) Miscellaneous 
 
 45. — Every aircraft manoeuvring under its 
 own power on the water shall conform to the 
 
 s 
 
 
 C ^ 
 
 
 
 Z 2 
 
 
 
 O > 
 
 
 
 > 73 
 
 
 o 
 
 5 -<-- 
 
 
 n 
 
 < ,'' 
 
 r 
 
 r 
 
 
 N > 
 
 (^ 
 
 / 
 
 O Z 
 
 T 
 
 /' 
 
 z o 
 
 H 
 
 / 
 
 n 2 
 
 ifl 
 
 / 
 
 Cl 
 
 /r 
 
 / ! 
 ! P 
 ! 
 
 N 
 O 
 
 n 
 
 2 
 
 C 
 -\ 
 Ti 
 > 
 
 r 
 
 \ 
 -J 
 
 -^"i 
 
 
 z 
 m 
 
 •^2 
 
 
 1 
 
 1 
 
 / 
 
 ^- 
 
 
 
 O 
 
 y 
 
 
 m 
 
 ^'h^ 
 
 
 
 
 
 -ya 
 
 *■ 
 
 
 - — — " 
 
 ^ 
 
 
 O 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 V 
 
 
 
 
 
 
 vvtt n 
 
 
 
 
 
 
 "" DIRECTION 
 
 OF 
 
 WIND 
 
 
 r 
 
 O 
 
 I 
 H 
 01 
 
 i 
 
 2 
 > 
 
 
 
 
 
 5 
 
 -<._, 
 
 1- 
 
 '*«*^ 
 
 
 
 
 2 
 
 > 
 
 2 
 
 g 
 
 '\ 
 
 .' L 
 
 
 rn 
 
 jt 
 
 
 \ 
 
 /9 
 
 
 
 C\ 
 
 
 \ 
 
 / ^.-o. 
 
 -o- 
 
 
 o— 
 
 2 
 PI 
 
 > 
 
 r 
 
 o™o— 
 
 -o-\ 
 
 \ <?-°- 
 
 .-o- 
 
 -0-- 
 
 o— 
 
 o — o — 
 
 "0--y 
 
 \A 
 
 
 TAKING 
 
 OFF 
 
 ZONE 
 
 
 / 
 
 V 
 
 
 y 
 
 / 
 
 
 ■"^^ 
 
 -- — 
 
 •»*•** 
 
 
 
 
 
 
 
 
 s 
 
 o 
 
 
 
 
 
 Q 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 ^> T" 
 
 
 
 
 
 ..^^ 
 
 "" OIRECflOIN 
 
 OF 
 
 WIND. 
 
 
 Notes 
 
72 
 
 TEXTBOOK OF AERIAL LAWS 
 
 regulations for preventing collisions at sea, and 
 for the purposes of those regulations shall be 
 deemed to be a steam vessel, but shall carry the 
 lights specified in these rules, and not those spe- 
 cified for steam vessels in those regulations. 
 The sound signals specified in those regulations 
 shall not be used by or apply to such aircraft, 
 except as specified in rules 17 and 18 above. 
 
 46. — Nothing in these rules shall exonerate 
 any aircraft, or the owner or personnel thereof, 
 from the consequences of any neglect to carry 
 lights or signals, or of any neglect to keep a 
 proper look-out, or of the neglect of any pre- 
 caution which may be required by the ordinary 
 practice of the air, or by the special circum- 
 stances of the case. 
 
 47. — Nothing in these rules shall interfere 
 with the operation of any special rule or rules 
 duly made and published relative to navigation 
 of aircraft in the immediate vicinity of any aero- 
 drome or other place, and it shall be obligatory 
 on all owners and personnel of aircraft to obey 
 such rules. 
 
 Schedule VIII — Rules as to Aircraft Arriv- 
 ing in or Departing from the 
 United Kingdom 
 
 Preliminary 
 
 1. — (1) For the purposes of the rules in this 
 schedule the following aerodromes are appointed 
 aerodromes, that is to say : — 
 
 New Holland^ Lincolnshire; 
 Hajdleigh^ Suffolk; 
 Lympne, Kent; 
 HouNSLOw^ Middlesex. 
 
 Provided that the Secretary of State may by 
 direction add any aerodrome to the hst of ap- 
 pointed aerodromes or remove any aerodrome 
 from that list. 
 
 (2) For the purposes of the rules in this 
 schedule — 
 
 "Importer" has the same meaning as in the 
 Customs Consolidation Act, 1876 ; 
 
 "Commissioners" means Commissioners of 
 Customs and Excise ; 
 
 "Examination station" means a space at 
 an appointed aerodrome approved by the 
 Commissioners as an examination station; 
 
 "Pilot" includes person in charge. 
 
 Other expressions have the same meaning as 
 in the general provisions of these regulations. 
 
 Arrival at and Departure from Appointed 
 Aerodromes 
 
 2. — No aircraft entering the United King- 
 dom from abroad shall land for the first time in 
 the United Kingdom except at an appointed 
 aerodrome : Provided that this rule shall not ap- 
 ply where an aircraft is compelled to land be- 
 fore arriving at an appointed areodrome, owing 
 to accident, stress of weather, or unavoidable 
 cause, in which event the procedure laid down 
 in rule 21 (hereafter) will be followed. 
 
 3. — No aircraft shall fly to a place outside the 
 United Kingdom unless it has departed from 
 an appointed aerodrome. 
 
 4. — (1) No person in any aircraft entering 
 the United Kingdom shall carry or allow to be 
 carried in the aircraft — 
 
 (a) any goods the importation of which is 
 
 prohibited by the laws relating to Customs; 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 73 
 
 (&) any mails, except with the permission 
 
 in writing of the Postmaster-General. 
 
 (2) No person in any aircraft entering the 
 United Kingdom shall break or alter any seal 
 placed upon any part of the aircraft or upon any 
 goods therein by a Customs officer at the aero- 
 drome at which he departed for the United 
 Kingdom. 
 
 5. — No aircraft shall enter or leave the United 
 Kingdom, having any secret or disguised place 
 adapted for concealing goods. 
 
 6. — The pilot of any aircraft arriving at an 
 appointed aerodrome from a place outside the 
 United Kingdom shall, on landing, forthwith 
 take his aircraft to the examination station at 
 that aerodrome; provided that a pilot shall not 
 be deemed to have contravened or failed to com- 
 ply with this rule if he proves that circumstances 
 over which he had no control prevented him 
 from taking his aircraft to the examination sta- 
 tion, and that, after the report required by rule 
 7 (hereunder) had been duly made by him, all 
 goods carried in the said aircraft were removed 
 to the examination station in the presence of an 
 officer of Customs and Excise or some person 
 duly authorised by the Secretary of State. 
 
 7. — Within twenty-four hours after the land- 
 ing at any appointed aerodrome of an aircraft 
 from a place outside the United Kingdom the 
 pilot shall — 
 
 (a) make a report to the proper officer of 
 Customs and Excise in the form prescribed 
 by the Commissioners ; and 
 
 (b) truly furnish the several particulars re- 
 quired by such form; and 
 
 (c) deliver to such officer with such report 
 his log book, manifest, and declaration of the 
 
 goods on board his aircraft signed by the 
 proper Customs officer at the aerodrome from 
 which he departed for the United Kingdom; 
 and 
 
 (d) land at such aerodrome for examina- 
 tion of baggage all passengers carried in such 
 aircraft, and, after making such report, shall 
 produce, and, if required to do so, shall land, 
 all goods in such aircraft for examination. 
 8. — If at any aerodrome or other place within 
 the United Kingdom goods or passengers are 
 loaded for conveyance by air to an appointed 
 aerodrome, the pilot shall obtain from the pro- 
 prietor of the aerodrome of departure a certifi- 
 cate of departure in the form prescribed by the 
 Secretary of State and the Commissioners, and 
 on arriving at the appointed aerodrome the air- 
 craft, and all goods and passengers carried 
 therein, shall, on production of such certificate, 
 be exempt from inspection by an officer of Cus- 
 toms and Excise, unless such officer has reason 
 to suspect that the aircraft has, since the issue of 
 such certificate, called at a place outside the 
 United Kingdom. 
 
 9. — The pilot of every aircraft in which goods 
 are to be exported shall, before any goods be 
 taken on board, deliver to the proper officers of 
 Custom and Excise a note of departure for a 
 foreign destination in the form prescribed by 
 the Commissioners, in which shall be truly stated 
 the particulars required by such form. 
 
 10. — (1) Every pilot of an aircraft carrying 
 goods to any place outside the United Kingdom 
 shall deliver to the proper officer of Customs and 
 Excise at an appointed aerodrome, together with 
 any log books belonging to the aircraft, an appli- 
 cation for clearance from that aerodrome in the 
 
 Notes 
 
74 
 
 TEXTBOOK OF AERIAL LAWS 
 
 form prescribed by the Commissioners, in dupli- 
 cate, and also, if the aircraft carries anf^ goods, a 
 manifest and declaration in the form prescribed 
 by the Commissioners, declaring the goods and 
 stores on such aircraft, and shall truly state 
 therein the particulars required by such forms 
 respectively; and such forms, when signed by 
 such officer, shall be the clearance and authority 
 for the aircraft to proceed to its foreign destina- 
 tion. 
 
 (2) No pilot shall depart in any such aircraft 
 from the United Kingdom until he has obtained 
 such authority, or shall, after obtaining such 
 authority, call at any other place in the United 
 Kingdom before proceeding to his foreign des- 
 tination. Any pilot intending to land at one or 
 more appointed aerodromes before proceeding 
 to his foreign destination shall apply for the 
 said clearance and authority at the last ap- 
 pointed aerodrome at which he lands. 
 
 Importation, Entry, and Unloading of Goods 
 
 11. — No person importing goods in an air- 
 craft shall bring the goods into any place in the 
 United Kingdom other than an appointed aero- 
 drome, or shall unload the goods from any air- 
 craft except at an examination station (unless 
 such goods are unloaded in the presence of an 
 officer of the Customs and Excise under the 
 provisions of rule 6 above) and shall not unload 
 the goods except between such hours as the 
 Commissioners prescribe, or remove the goods 
 from an examination station unless the goods 
 have first been duly entered in manner provided 
 by these rules and produced to the proper officer 
 of Customs and Excise and duly cleared by him. 
 
 12. — No person shall remove from any air- 
 
 craft any goods imported therein until the report 
 required by rule 7 (above) has been made, and 
 the authority of the proper officer of Customs 
 and Excise has been obtained. 
 
 13. — The importer of any goods imported in 
 aircraft shall deliver to the collector of Customs 
 and Excise in whose district the aerodrome of 
 importation is situated an entry of such goods in 
 accordance with the provisions of the Customs 
 Acts, and shall truly furnish thereon the several 
 particulars required by the form of entry, and 
 shall pay to such collector all duties chargeable 
 thereon at the times and in the manner pre- 
 scribed by the said Acts ; provided that no entry 
 shall be required in respect of diamonds or bul- 
 lion or the baggage of passengers. 
 
 14. — All goods imported into an appointed 
 aerodrome in any aircraft shall be duly entered 
 and unladen within seven days from the time of 
 the arrival of such aircraft at that aerodrome or 
 within such further period as the Commissioners 
 may allow. 
 
 15. — All goods imported in aircraft which 
 have not been examined and cleared by the 
 proper officer of Customs and Excise shall be 
 stored in a transit shed at the appointed aero- 
 drome, and no person shall remove such goods 
 from the transit shed before examination and 
 clearance by such officer. 
 
 Exportation of Goods 
 
 16. — ( 1 ) The exporter of any goods intended 
 for exportation in aircraft shall deliver to the 
 proper officer of Customs and Excise at the 
 appointed aerodrome from which such aircraft 
 is cleared to its foreign destination, an entry 
 in the form prescribed by the Commissioners, 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 75 
 
 and shall truly state in such form the particulars 
 hereby required ; and such form when signed by 
 the proper officer of Customs and Excise shall 
 be the clearance and authority for the expor- 
 tation of such goods. 
 
 ( 2 ) No person shall export goods on such air- 
 craft until such authority has been given by 
 the proper officer of Customs and Excise. 
 
 17. — No person shall without the consent of 
 the proper officer of Customs and Excise unload 
 from any aircraft any goods loaded thereon for 
 exportation which have been cleared under rule 
 16 above, or open, alter, or break any lock or 
 mark or seal placed by any officer of Customs 
 and Excise on any goods in any aircraft about 
 to depart from the United Kingdom. 
 
 General Provisions 
 
 18. — No person shall make any signal to or 
 from an aircraft entering or leaving the United 
 Kingdom except such signals as are authorised 
 by these regulations; provided that no offence 
 shall be deemed to be committed under this rule 
 if the person making such signal proves that the 
 signal was not given for the purpose of evading 
 or of assisting any person in evading these rules. 
 
 19. — If any officer of Customs and Excise in 
 the execution of his duty boards any aircraft in 
 any place, the pilot thereof shall not convey him 
 in any aircraft away from such place without his 
 consent. 
 
 20. — No dutiable goods shall be removed in 
 aircraft from the Isle of Man to Great Britain 
 or Ireland except from an appointed aerodrome 
 and with the consent of the proper officer of 
 Customs and Excise. 
 
 21. — If any aircraft arriving from a place 
 
 outside the United Kingdom shall land in any 
 place other than an appointed aerodrome, the 
 pilot shall forthwith report to an officer of Cus- 
 toms and Excise or poUce constable, and shall, 
 on demand, produce to such officer or police 
 constable the log books belonging to the air- 
 craft, and shall not allow any goods to be un- 
 loaded therefrom without the consent of an 
 officer of Customs and Excise, and no passenger 
 thereof shall leave the immediate vicinity 
 without the consent of an officer of Customs 
 and Excise or police constable. If such 
 place of landing shall be an aerodrome 
 the pilot shall forthwith report the arrival of 
 the aircraft and the place whence it came 
 to the proprietor of the aerodrome, and the 
 proprietor of the aerodrome shall forthwith re- 
 port the arrival of the aircraft to an officer of 
 Customs and Excise, and shall not allow any 
 goods to be unloaded therefrom or any passen- 
 ger thereof to leave the aerodrome without the 
 consent of such officer. 
 
 22. — (1) The proprietor of any Aerodrome 
 shall at all times permit any officer of Customs 
 and Excise to enter and inspect his aerodrome 
 and all buildings and goods thereon. 
 
 (2) The pilot of any aircraft shall permit 
 any officer of Customs and Excise at any time 
 to board and inspect his aircraft and any goods 
 laden thereon. 
 
 (3) The importer or exporter of any goods 
 imported or exported in aircraft shall produce 
 such goods to the proper officer of Customs and 
 Excise at the aerodrome of importation or ex- 
 portation, as the case may be, and permit him 
 to inspect such goods. 
 
 23.^Any provisions for the time being in force 
 
 Notes 
 
76 
 
 TEXTBOOK OF AERIAL LAWS 
 
 of the Aliens Restriction Order or of the De- 
 fence of the Reakn Regulations with respect to 
 persons arriving in or departing from the United 
 Kingdoni by sea, shall apply to persons arriving 
 or departing by air as if the same were herein 
 set out, with such modifications as are necessary 
 for adapting them to such purpose, and in par- 
 ticular with the substitution of appointed aero- 
 dromes for the approved ports specified in the 
 Aliens Restriction Order. 
 
 24. — All persons importing or exporting or 
 concerned in importing or exporting goods, 
 mails, or passengers, into or from the United 
 Kingdom in aircraft and all pilots of aircraft 
 arriving in or departing from the United King- 
 dom shaU observe and comply with the provi- 
 sions of sections 53, 76, 102, 104, and 118 of the 
 Customs Consolidation Act, 1876, as if any ref- 
 erences in such provisions to ships or vessels and 
 the masters or captains thereof, and to the load- 
 ing or unloading of goods thereon or therefrom, 
 including references to aircraft and the pilots 
 thereof, and to the loading or unloading of goods 
 thereon or therefrom, and as if references in 
 such provisions to a quay included a reference 
 to an examination station. 
 
 AIR NAVIGATION DIRECTIONS 
 
 The Air Navigation Regulations, 1919, pro- 
 vide for the issue of supplementary "Directions" 
 as may be necessary, and the following Direc- 
 tions are accordingly notified for the information 
 of all concerned: — 
 
 I — Registration of Aircraft 
 
 1. With reference to Regulation 1 (1) and 
 Schedule I, applications for registration should 
 
 be made to the Secretary, Air Ministry, Lon- 
 don, W.C.2. 
 
 2. Application forms will be supphed on de- 
 mand. 
 
 II — Licensing of Personnel 
 
 1. With reference to Regulation 1 (3) and 
 Schedule II, applications for licenses should be 
 made to the Secretarj^ Air oMinistry, London, 
 W.C.2. 
 
 2. Any member of the personnel of an air- 
 craft, other than those specifically mentioned in 
 Schedule II, can obtain on apphcation to the 
 Secretary, Air JMinistry, particulars of the re- 
 quirements for obtaining a licence. 
 
 3. Apphcation forms will be supphed on de- 
 mand. 
 
 Medical Requirements 
 
 4. Every apphcant before obtaining a licence 
 as a pilot, navigator or engineer of aircraft 
 engaged in public transport will present himself 
 for examination by specially qualified men ap- 
 pointed by or acting under the authority of the 
 Secretary of State. 
 
 5. ISIedical supervision, both for the selection 
 and the maintenance of efficiency, shall be based 
 upon the following requirements of mental and 
 physical fitness: — 
 
 ( a ) Good family and personal history, with 
 particular reference to nervous stabUity. 
 Absence of any mental, moral or physical de- 
 fect which will interfere with flying efficiency. 
 
 (fo) Minimum age for pilots and naviga- 
 tors engaged in pubhc transport shall be nine- 
 teen (19) years. 
 
 (c) General Surgical Examination — The 
 applicant must neither suffer from any 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 77 
 
 wound, injury or operation, nor possess any 
 abnormality, congenital or otherwise, which 
 will interfere with the efficient and safe han- 
 dling of aircraft. 
 
 (d) General Medical Eocaminatidn — The 
 applicant must not suffer from any disease 
 or disability which renders him liable suddenly 
 to become incompetent in the management 
 of aircraft. He must possess heart, lungs, 
 kidneys and nervous system capable of with- 
 standing the effects of altitude and also the 
 effects of prolonged flight. 
 
 {e) Eye Examination — The applicant 
 must possess a degree of visual acuity com- 
 patible with the efficient performance of his 
 duties. No pilot or navigator shall have more 
 than two ( 2 ) dioptres of latent hypermetro- 
 pia; muscle balance must be good and com- 
 mensurate with the refraction. He must 
 have a good field of vision in each eye, and 
 must possess normal colour perception. 
 
 (/) Ear Examination — The middle ear 
 must be healthy. The applicant must possess 
 a degree of auditory acuity compatible with 
 the efficient performance of his duties. 
 
 {g) The vestibular mechanism must be in- 
 tact, and neither unduly hypersensitive nor 
 hyposensitive. 
 
 {h) Nose and Throat Examination — The 
 applicant must possess free nasal air entry on 
 either side, and not suffer from serious acute 
 or chronic affections of the upper respiratory 
 tract. 
 
 6. The successful applicant will receive a med- 
 ical certificate of acceptance, which must be pro- 
 duced before the licence can be issued. 
 
 7. In order to insure the maintenance of effi- 
 
 ciency, every applicant shall be re-examined 
 periodically, at least every six months, and the 
 findings attached to his original record. In case 
 of illness or accident, also, a pilot, navigator or 
 engineer shall be re-examined and pronounced 
 fit before resuming aerial duties. The date and 
 result of each re-examination shall be recorded 
 on the applicant's flying certificates. 
 
 8. No applicant who, before May 1, 1919, 
 has given proof of his flying ability, shall, so long 
 as he retains such abihty, be necessarily disqual- 
 ified because he fails to fulfil all of the above 
 requirements. 
 
 9. Applications for medical examination 
 should be made to the Secretary, Air Ministry, 
 London, W.C.2. 
 
 Flying Certificates 
 
 10. Certificates for Pilots of Flying Ma- 
 chines: — 
 
 "A" Flying Certificate for private pilots 
 (not valid for flying passenger or goods air- 
 craft). 
 
 "B" Pilot's Flying Certificate for flying 
 passenger or goods aircraft. 
 
 "A" Private Pilot's Flying Certificate 
 
 (I) Practical Tests 
 
 In each practical test the candidate must be 
 alone in the flying machine. 
 
 (a) Test for Altitude and Gliding Flight — 
 A flight without landing, during which the pilot 
 shall remain for at least an hour at a minimum 
 altitude of 6,000 feet above the point of de- 
 parture. The descent shall finish with a glide, 
 the engines cut off at 4,500 feet above the land- 
 
 Notes 
 
78 
 
 TEXTBOOK OF AERIAL LAWS 
 
 ing ground. The landing shall be made within 
 150 yards or less of a point fixed beforehand 
 by the official examiners of the test without 
 starting the engine again. 
 
 (b) Tests of Skill — A flight without landing 
 around two posts (or buoys) situated 500 
 yards apart, making a series of five figure- 
 of-eight turns, each turn reaching one of 
 the two posts (or buoys). This flight shall 
 be made at an altitude of not more than 600 feet 
 above the ground (or water) without touching 
 the ground (or water). The landing shall be 
 effected by : — 
 
 (i) Finally shutting off the engine or en- 
 gines at latest when the aircraft touches the 
 ground (or water). 
 
 (ii) Finally stopping the flying machine 
 within a distance of 50 yards from a point 
 fixed by the candidate before starting. 
 
 (II) Technical Examination 
 
 (a) Rules as to lights and signals, and rules 
 of the air. 
 
 (b) Rules for aerial traffic in the vicinity of 
 aerodromes. 
 
 "B"' Pilot's Flying Certificate for Flying 
 Passenger or Goods Aircraft 
 
 (I) Practical Tests 
 
 In each practical test the candidate must be 
 alone in the flying machine. 
 
 (a) The tests for altitude and ghding flight 
 and for skill are the same as those required for 
 a private pilot's flying certificate. Candidates 
 already in possession of the latter certificate ai'e 
 not required to pass these tests again. 
 
 (b) Test of Endurance — A cross-country or 
 
 oversea flight of at least 200 miles, and the final 
 landing shall be made at the point of departure. 
 
 This flight shall be carried out by the same air- 
 craft within eight hours, and include two ob- 
 ligatory landings, during which the machine 
 must come to rest, which shall not be at the point 
 of departure, but which shall be fixed by the 
 judges. 
 
 At the time of departure the candidate shaU 
 be informed of his course and furnished with a 
 map. The judges will decide if the course has 
 been correctly followed. 
 
 (c) Night Flying — A thirty minutes' flight 
 at an altitude of at least 1,500 feet, made be- 
 tween two hours after sunset and two hours be- 
 fore sunrise. 
 
 (II) Technical Examination 
 
 After satisfactory practical tests have been 
 passed, candidates will submit themselves when 
 summoned to examination on: — 
 
 [a) Flying machines. 
 
 (&) Engines. 
 
 (c) Navigation. 
 
 {a) Flying Machines 
 
 Aeroplanes and Seaplanes — Theoretical ab- 
 stract knowledge of the resistance of the air in 
 connection with planes, rudders, elevators and 
 propellers ; functions of the different parts of the 
 machine and of their controls. 
 
 Assembling of aeroplanes, propellers, under- 
 carriages, rudders, elevators and their controls. 
 
 Practical tests on rigging. 
 (&) Engines 
 
 General knowledge of internal combustion en- 
 gines, and their various functions; valve gear, 
 carburation, ignition, exhaust. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 79 
 
 Characteristics of aero engines and a general 
 idea of their construction, adjustment and 
 assembling. 
 
 Causes of the faulty running of engines. 
 Fuel and oils. Description of the details of 
 the aero engines used. Adjustments, lubrica- 
 tion, upkeep, dissembling and assembling of the 
 principal parts; causes of breakdown. Use of 
 throttle and other controls. 
 
 Practical tests in running repairs. 
 (c) Navigation 
 
 Knowledge of rules as to lights and signals, 
 rules of the air and rules for aerial traffic in the 
 vicinity of aerodromes. 
 
 Practical knowledge of the special conditions 
 of aerial traffic. 
 
 Map reading, use of compass, location of 
 position. 
 Remarks 
 
 The practical tests shall be carried out within 
 a maximum period of one month. 
 
 They may be carried out in any order, and 
 each may be attempted twice. They shall be 
 witnessed by at least two properly accredited 
 examiners who will hand over the official reports 
 to the proper authorities. 
 
 The official reports will give full details of the 
 flights, especially of the landings. The candi- 
 dates shall furnish, before each test, proof of 
 identity, which the examiners have the right to 
 demand. A barograph shall be carried on all 
 practical tests, and the graph signed by the two 
 examiners shall be attached to their report. 
 
 11. Certificate for Navigators — The candi- 
 date must pass a theoretical and practical exam- 
 ination in the following: — 
 
 (A) Practical Astronomy 
 
 True and apparent movements of the celestial 
 bodies. 
 
 Different aspects of the celestial sphere. 
 
 Hour angles, mean, true and astronomical 
 time. 
 
 Shape and dimensions of the earth. 
 
 Star globes and maps. 
 
 Methods of determining latitude, longitude, 
 time and azimuth. 
 
 (B) Navigation 
 
 Maps and charts — how to read them. 
 
 Compass — magnetic meridian — declination, 
 deviation, variation. 
 
 Courses — bearings — and their corrections. 
 
 Compensation of compasses (technical and 
 practical) . 
 
 Calculations of azimuth. 
 
 Flight by dead reckoning — measure of the 
 relative speed — drift, traverse table. 
 
 Chronometer — chronometer rate — compari- 
 sons. 
 
 S extants — ad j u stments. 
 
 Nautical almanac. 
 
 Determination of positions by means of bear- 
 ings and altitude of stars. 
 
 Knowledge of great circle navigation. 
 
 Aeronautical navigational instruments. 
 
 (C) General Knowledge 
 
 International rules for aerial and maritime 
 navigation. 
 
 Practical knowledge of international aerial 
 legislation. 
 
 Good knowledge of meteorology and of 
 weather charts. 
 
 Notes 
 
80 
 
 TEXTBOOK OF AERIAL LAWS 
 
 III — Certificates of Airworthiness 
 
 1. With reference to Regulation 2 (1) and 
 Schedule III, applications for certificates of air- 
 worthiness should be made to the Secretary, Air 
 Ministry, London, W.C.2. 
 
 2. Application forms will be supplied on de- 
 mand. 
 
 Type Aircraft 
 
 3. Subsequent to the forwarding to the Sec- 
 retary, Air Ministry, of an application form 
 duly completed for a certificate of air-worthiness 
 for a type aircraft, the applicant shall forward 
 to the Director of Research, Air Ministry, gen- 
 eral arrangement drawings of the proposed air- 
 craft, together with such particulars of load, 
 fuel, engines, etc., as will enable a preliminary 
 opinion to be formed as to general safety. 
 
 4. The applicant shall forward subsequently 
 such drawings and particulars of the proposed 
 aircraft as may be necessary for the checking in 
 detail of the safety of the aircraft. 
 
 The information and drawings required for 
 this purpose should be, where applicable, in 
 accordance with forms to be supphed on appli- 
 cation. (CO. Forms 12 and 13.) 
 
 (Blue prints or rough sketches may be suffi- 
 cient to enable the said checking to proceed 
 provided they are fully dimensioned. ) 
 
 5. The applicant may proceed with the con- 
 struction of any part or parts of the aircraft 
 as and when these are approved by the Secretary 
 of State. 
 
 6. The workmanship and materials of con- 
 struction of the aircraft shall be approved by 
 the Secretary of State in accordance with de- 
 tailed directions in para. 20 below. 
 
 7. On completion of the aircraft, flying trials 
 will be carried out by the applicant's or con- 
 structor's pilot in the presence of representatives 
 of the Secretary of State. 
 
 8. After the satisfactory completion of the 
 check calculations, inspection, and applicant's 
 flying trials, and after any modifications con- 
 sidered necessary for safety have been completed 
 to the satisfaction of the Secretary of State, the 
 applicant will be instructed to deliver the air- 
 craft to the official aerodrome for official trials. 
 
 9. At any tune prior to the delivery of the 
 aircraft for official trials, modifications to the 
 aircraft may be made by the applicant, provided 
 that full particulars and drawings of the pro- 
 posed modifications are first submitted to the 
 Director of Research, Air Ministry, and that 
 such as affect the safety of the aircraft are ap- 
 proved by the Secretary of State. 
 
 10. During official trials, which may be at- 
 tempted by a hmited number of representatives 
 of the applicant, the aircraft will be in the charge 
 of the representatives of the Secretary of State, 
 but the Secretary of State and/or his repre- 
 sentatives shall not be liable for any loss or dam- 
 age caused to such aircraft during official trials. 
 
 11. If any modifications are considered by the 
 Secretaiy of State to be necessary for safety as 
 a result of such official trials, such modifications 
 shall be carried out by the applicant, and on 
 completion thereof the aircraft shall be deliv- 
 ered, if required, for further official trials. 
 
 12. On the completion of official trials, the 
 applicant will be notified, and reports on cal- 
 culations and tests will be supplied to him by 
 the Secretary of State on application. The air- 
 craft will either be handed over to the apphcant 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 81 
 
 at the official aerodrome for removal, or will be 
 delivered by an official pilot to an aerodrome 
 selected by the applicant, and approved by the 
 Secretary of State. 
 
 13. On .the satisfactory completion of the 
 official trials, and after the completion to the 
 satisfaction of the Secretary of State of any 
 modifications considered necessary for safety, 
 a certificate of airworthiness will be issued. 
 Prior to the issue of such certificate the appli- 
 cant shall deliver to the Director of Research, 
 Air Ministry, a complete set of working draw- 
 ings (process tracings) of the aircraft. 
 
 Subsequent Aircraft 
 
 14. Following the receipt by the Secretary, 
 Air Ministry, of an apphcation form, duly com- 
 pleted, certificates of airworthiness for subse- 
 quent aircraft which conform in all essential 
 respects with a type aircraft for which a cer- 
 tificate of airworthiness has previously been 
 issued will be granted subject to the following 
 conditions and procedure. 
 
 15. The applicant may make modifications 
 (including change of engine type) to the air- 
 craft and may depart from the approved com- 
 plete set of working drawings ( process tracings ) 
 of the type aircraft that are in the possession of 
 the Secretary of State ; but full particulars and 
 drawings of the proposed modifications shall first 
 be delivered to the Director of Research, Air 
 Ministry, and such as affect the safety of the 
 aircraft shall be approved by the Secretary of 
 State. 
 
 16. During the construction of the aircraft 
 
 the inspection of the workmanship, construction 
 and materials shall be as approved by the Secre- 
 tary of State in accordance with detailed direc- 
 tions in para. 21 below. 
 
 17. In the case of an aircraft which in the 
 opinion of the Secretary of State differs consid- 
 erably from the tj^pe aircraft, or in the case of 
 an aircraft built by a constructor not familiar 
 with the type aircraft, on completion of the air- 
 craft, the Secretary of State may require flying 
 trials to be carried out, by the applicant's or 
 constructor's pilot, in the presence of his repre- 
 sentatives, and/or may require the aircraft to 
 be delivered to the official aerodrome for addi- 
 tional trials. The procedure in this case will 
 be in accordance with the procedure governing 
 similar trials in the case of a type aircraft, as 
 laid down in paras. 10, 11 and 12 hereof. 
 
 18. On the satisfactory completion of the air- 
 craft and of any trials that may be required by 
 the Secretary of State, and when any modifica- 
 tions considered necessary for safety have been 
 completed to the satisfaction of the Secretary 
 of State, a certificate of airworthiness will be 
 issued. 
 
 Prior to the issue of such certificate, the appli- 
 cant shall deliver to the Director of Research, 
 Air Ministry, a complete set of working draw- 
 ings (process tracings) of any modifications to 
 or departure from the type aircraft. 
 
 19. In the foregoing directions the term "air- 
 craft" includes the aircraft and all equipment 
 (unless the context otherwise implies), except 
 that working drawings will not be required for 
 engines or equipment of approved types. 
 
 Notes 
 
82 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Method of Approval of Workmanship and 
 Materials 
 
 20. Type Aircraft 
 
 (a) Inspection of type aircraft will be car- 
 ried out by representatives of the Secretary of 
 State. 
 
 (h) The Director of Aircraft Inspection will 
 accept whercA-er in his opinion possible the in- 
 spection of details, components and/or materials 
 for type aircraft made by employees of the con- 
 structor under the supervision of his representa- 
 tive, but each component will be finally inspected 
 and approved by a representative of the Direc- 
 tor of Inspection, who will co-operate with the 
 constructor's inspecting staff. 
 
 Constructors must notify Director of Air- 
 craft Inspection seven days before commencing 
 work on -any part of the aircraft, the inspection 
 of which is necessary prior to further work. 
 
 (c) The Constructor must also fulfil the con- 
 ditions detailed hereunder for subsequent air- 
 craft. 
 
 21. Subsequent Aircraft 
 
 (a) Constructors must satisfy the Secretary 
 of State that their inspecting staff is such as 
 to ensure that aircraft passed by them conform 
 in all essential respects to the type design. 
 
 (b) Constructors must purchase material to 
 the specifications approved for the type design, 
 and must arrange that each and every batch of 
 such material is proved to comply with such 
 specifications by suitable examination, sampling 
 and testing, as may be approved by the Director 
 of Aircraft Inspection. 
 
 (c) Constructors must make such arrange- 
 ments at their works as will preclude the use of 
 
 material other than that approved as in para. 
 (b) above. 
 
 (d) Constructors' inspecting staffs, referred 
 to in 21 (a) above, must stamp or otherwise 
 provide means for the identification of each and 
 every detail, in such a way that the individual 
 responsible for such approval can subsequently 
 be traced, selective inspection being adopted 
 where considered possible. 
 
 (e) Constructors must issue only details or 
 parts approved as in para (d) above to the 
 shops for assembly into components. 
 
 (/) Constructors must maintain an efiicient 
 process inspection during such work of assem- 
 bly, and record such inspection on a process card 
 for each component. Every component must 
 be finalty inspected by a quahfied member of 
 their inspecting staff, who will stamp the com- 
 ponent in such a way that he may afterwards 
 be identified, and will also sign the process 
 card. 
 
 (g) Constructors' methods of carrying out 
 the following operations must be approved by 
 the Director of Aircraft Inspection, or ' other 
 recognized authority, viz.: Heat-treatment of 
 steel, seasoning and conversion of timber, glue- 
 ing of important parts, and doping. 
 
 (h) Constructors must ensure that all instru- 
 ments and other parts affecting airworthiness 
 pm-chased from sub -contractors have been in- 
 spected and approved in accordance with these 
 conditions. 
 
 (/) Constructors (aircraft or engine as may 
 be arranged) must ensm-e that all engines have 
 been inspected and approved in accordance with 
 these conditions, and further, that they have sat- 
 isfactorily undergone such bench tests as are 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 83 
 
 required by the Secretary of State, and for this 
 purpose that suitable test stands and accessories 
 are provided to the satisfaction of the Director 
 of Aircraft Inspection. 
 
 (j) Aircraft constructors must carry out an 
 eiScient inspection of the installation of all en- 
 gines, instruments and parts that are fitted by 
 them into the aircraft, such inspection to ensure 
 that they function correctly, the individual re- 
 sponsible being indicated by a signature on the 
 process card referred to above. 
 
 (k) Constructors must limit the power of 
 their inspection staff to grant concessions to 
 matters which do not affect the weight, the 
 strength or the functioning of the part. Should 
 any of these points be affected, the matter must 
 be referrred to the designer of the aircraft, and 
 if affecting the type design, to the Director of 
 Research as laid down for modifications to type 
 designs. 
 
 IV — Persons Competent to Undertake Pe- 
 riodical Inspection and Overhaul and 
 Examination Before Each 
 Flight of Aircraft 
 
 1, With reference to Regulation 2 (1) and 
 Schedule III (3 and 5-10), the following is 
 the procedure for any person desirous of being 
 licensed as a competent person, hereinafter re- 
 ferred to as "ground engineer," to undertake 
 the inspection of periodic overhauls of aircraft 
 required to be certified as airworthy, or as a 
 competent person to examine such aircraft be- 
 fore each flight. 
 
 2. Applications for licences should be made 
 to the Secretary, Air Ministry, London, W.C.2. 
 
 3. Application forms will be supplied on de- 
 mand. 
 
 4. Subsequent to the forwarding to the Sec- 
 retary, Air Ministry, of an AppUcation Form 
 for a Ground Engineer's License, the candidate 
 will be requested to report to a local represen- 
 tative of the Director of Aircraft Inspection for 
 examination. At this examination the candi- 
 date will be required to submit proof : — 
 
 (a) That he is not less than 21 years of 
 age. 
 
 (&) That he has served at least two years 
 as a mechanic or engineer on internal com- 
 bustion engines, or a like period on aircraft 
 construction or maintenance, or a period of 
 not under three years on joint aero engine 
 and aircraft construction and maintenance. 
 
 5. A candidate may apply to be hcenced as 
 a ground engineer to overhaul and inspect all 
 flying machines and/or engines after overhaul 
 and each day before flight; or may apply for a 
 licence limited to the inspection of any named 
 type or types of flying machine, or engine either 
 after overhaul and/or each day before flight. 
 
 6. Candidates will be required to submit proof 
 of knowledge: — 
 
 (a) For Engines: Of the general prin- 
 ciples of internal combustion engines applied 
 to aircraft, including the general principles of 
 ignition, carburation, lubrication and cooling; 
 knowledge of the inspection, testing and ad- 
 justments necessary for the installation and 
 functioning of the complete power unit in 
 the aircraft; and the capacity to supervise, or 
 inspect running repairs and/or overhaul of 
 particular engines. 
 
 (&) For Flying Machines: The general 
 
 Notes 
 
84 
 
 TEXTBOOK OF AERIAL LAWS 
 
 principles of construction, rigging, trueing-up 
 and adjustment of flying machines; a detailed 
 knowledge of construction, adjustments, 
 maintenance and final inspection of the flying 
 machine's components; and the capacity to 
 supervise, or inspect running repairs, and/or 
 the overhaul of specified types of flying ma- 
 chines. 
 
 7. The examination may be in part written, 
 and in part oral. Candidates may be required 
 to give practical proof of knowledge. 
 
 8. Aircraft certified daily by such hcensed 
 ground engineers will be periodically re-in- 
 spected by a person or persons duly authorised 
 by the Secretary of State, who reserves the right 
 to suspend or revoke hcenses granted as above, 
 should such certified aircraft be deemed by him 
 as a result of such examination to be unsafe. 
 
 9. Ground engineers certifying flying ma- 
 chines or engines as airworthy after overhaul, 
 must be in a position to certify that all the con- 
 ditions required for the inspection of subsequent 
 aircraft during construction that apply to the 
 overhaul have been carried out. The Secretary 
 of State reserves the right to suspend or revoke 
 the license of the ground engineer responsible 
 for certifying that the overhaul has been cor- 
 rectly carried out, should a test inspection be 
 deemed by the former to indicate that the flying 
 machine is not airworthy. 
 
 10. Ground engineers' hcenses will be issued 
 at a charge of 5s., and will be vahd for a period 
 of twelve months, and will then be subject to 
 renewal. The Secretary of State reserves the 
 right to re-examine the candidate for renewal, 
 if considered necessary. 
 
 11. In the event of any applicant being re- 
 
 quired to undergo a practical examination, a 
 further fee of one guinea wiU be charged. 
 
 12. Certificate Xo 
 
 Pilot's Certificate of General Fitness of 
 
 Aircraft Before Flight 
 Flying Machine Type .... Registration No . . . 
 
 Preparatory to Flight from on ... . 
 
 Time to 
 
 Loading 
 
 Total weight of the aircraft including aU 
 items of load does not exceed lbs. 
 
 Loading (including placing of passengers) 
 such that the centre of gra^^ty of the aircraft is 
 
 within the specified limits Petrol, oil 
 
 and water sufficient for proposed journey 
 
 Name 
 
 Officers and Crete 
 
 Duty License No. 
 
 Number of passengers 
 
 This airship is co7isidered fit in every way 
 for the proposed journey. 
 
 Signed 
 
 Date 
 
 13. Certificate Xo. . . . 
 
 Daily Certificate of Safety of Aircraft 
 
 Flying Machine Type Registered Xo. . . 
 
 Inspection at on time 
 
 I herebj' certify that I have tliis day examined 
 
 the above flying machine and that I consider it 
 
 safe in every way for flights today when loaded 
 
 as specified in the Certificate of Airworthiness. 
 
 Signed (Groimd Engineer) 
 
 Date 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 85 
 
 I hereby certify that I have this day examined I — Journey Log 
 the engines, engine installations and accessories (^) ^yp^ ^^ ^^-^^ ^^^ ^j^.^^.^^^ belongs; its 
 of the above flying machine, and that in my nationality and registration marks; the name, 
 opinion they are in every way safe for flights christian names, nationality and residence of 
 ^' the owner; name of constructor and the carry- 
 Signed (Ground Engineer) ing capacity. 
 
 Countersigned (&) In addition for each journey:— 
 
 -p. (i) The name, nationality and residence 
 
 of the pilot and crew. 
 
 NoTE-Both certificates may be signed by the ^--^ ^^e place, date and hour of depar- 
 
 same individual if licensed for both flying ^^^^^ ^^e route followed, and all incidents en 
 
 machines and engines. ^^^^^^ including landings and weather con- 
 
 ditions. 
 
 V— Instructions for Use of Log Books II_Aircraft Log 
 
 1. With reference to Regulation 2 (3) and (a) Type to which the aircraft belongs, its 
 Schedule V, the several log books should con- nationality and registration marks, the name, 
 tain the information shown below. Christian names and nationality and residence 
 
 2. The constructor should fill in and sign of the owner, name of constructor and the carry- 
 the original entries in the log book, as far as ing capacity, and capacity of tanks. 
 
 he is in a position to do so. Subsequent en- (&) Type and series number of engine, type 
 
 tries should be made and signed by the pilot or of propeller, showing number, pitch, diameter 
 
 competent person. and maker's name. 
 
 3. A copy of the certificate of airworthiness (c) Type of wireless apparatus fitted, 
 should be kept in the pocket at the end of the (d) Table showing the necessary rigging 
 aircraft log book. data for the information of persons in charge of 
 
 4. All entries to be in ink, except in the case the aircraft and of its maintenance. 
 
 of journey and signal log books; the entries for (e) A fully detailed engineering record of 
 
 these may be made in pencil in a rough note- the life of the aircraft, including all acceptance 
 
 book, but should be entered in ink in the log tests, overhauls, replacements, repairs and all 
 
 book every twenty- four hours. work of a like nature (see specimen sheet, the 
 
 In event of any official investigation the form of which should be followed), 
 rough notebook may be called for. 
 
 5. No erasures should be made in, nor pages HI— Engine Log 
 
 torn from, any log book. A separate log book shall be kept for each 
 
 6. A copy of these instructions should be in- engine and shall always accompany the engine, 
 serted in each log book. It shall contain the following particulars : — 
 
 Notes 
 
86 
 
 TEXTBOOK OF AERIAL LAWS 
 
 (a) Type of engine, series number, mak- 
 ers' name, power, normal and maximum revo- 
 lutions of engine, date of acceptance and first 
 date put into service; petrol consumption; oil 
 consumption. 
 
 .(&) Registi'ation mark and type of air- 
 craft in which the engine has been installed. 
 (c) A fully detailed engineering record of 
 the life of the engine, including all acceptance 
 tests, hours run, overhauls, replacements, re- 
 pairs and all work of a like nature ( see speci- 
 men sheet, the form of which should be fol- 
 lowed) . 
 
 IV — Signal Log 
 
 (a) Type to which the aircraft belongs, its 
 nationality and registration marks; the name, 
 
 SPECIMEN 
 Aircraft 
 
 Christian names and nationality and residence 
 of the owner. 
 
 (6) Place, date and time of the transmission 
 or reception of any signal. 
 
 ( c) Name or other indication of the person or 
 station to whom a signal is sent or from whom 
 a signal is received. 
 
 VI — R. A. F. Aerodromes and Seaplane 
 Stations 
 
 1. With reference to Regulation 4 (4), the 
 dues to be charged at R.A.F. aerodromes are 
 
 as follows:— 
 
 A — ^Accommodation 
 
 The charge for accommodation will be based 
 on the floor space occupied, i.e., the product of 
 
 SHEETS 
 Log 
 
 Date 
 
 Hour 
 
 Commanding 
 Officer 
 
 Route 
 
 Time in Air 
 
 Petrol 
 con- 
 sumed 
 
 Oil 
 con- 
 sumed 
 
 Water 
 con- 
 sumed 
 
 Xo. of 
 passen- 
 gers 
 
 Repairs or 
 Replace- 
 ments 
 
 Remarks 
 
 Signature of 
 
 authorised 
 
 person 
 
 Hours Mins. 
 
 
 
 
 Brought 
 forwarc 
 
 1 
 
 
 
 
 
 
 Time in tlie air 
 since last over- 
 haul: — 
 hours mins. 
 
 Date of: 
 
 
 Carried forward . 
 
 Engine Log 
 
 Date 
 
 Hour 
 
 Engineer 
 in charge 
 
 Revs, per min. 
 
 Time run 
 
 Defects 
 found 
 
 Particulars of 
 overhaul or 
 replacement 
 
 Remarks 
 
 Signature of 
 
 authorised 
 
 person 
 
 On ground 
 
 In air (state 
 
 climbing or 
 
 level) 
 
 
 
 
 
 
 
 
 
 Time run since last 
 overhaul : 
 hours mins. 
 
 Date of: 
 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 87 
 
 span and overall length. With folder aircraft 
 the span to be taken as the overall width when 
 folded. Charges will be as follows : 
 
 8 Hours 
 or Less 
 £ s. d. 
 
 Small type, less than 900 sq. f t 3 6 
 
 Medium type, not exceeding 1,800 sq. ft. 5 
 Large type, over 1,800 sq. ft ' " " 
 
 10 
 
 Up to 24 
 
 Hours 
 £ s. d. 
 5 
 
 10 
 
 1 
 
 Monthly Rate — Accommodation for monthly 
 periods will be at rates of £5, £10 and £20 re- 
 spectively. Any accommodation so reserved, 
 but not made use of, to be available for hire to 
 other aircraft. No refund to be made to the 
 monthly lessee, unless he is thereby prevented 
 from obtaining accommodation, in which case 
 a proportionate refund will be made as in the 
 opinion of the Secretary of State appears rea- 
 sonable. 
 
 B — Landing Fees 
 
 These will be in respect of the cost of main- 
 tenance of the aerodromes, use of landing lights 
 and beacons and supply of navigational infor- 
 mation. 
 
 The charges will include ordinary attendance, 
 e.g., guiding machines, starting propellers, re- 
 fuelling, etc. (For pushing machines with 
 stopped engines any considerable distance 
 charges will be made in accordance with 3 (a) 
 below.) At R.A.F. aerodromes where no at- 
 tendance is available the charges will remain 
 the same. The charges will be: — 
 
 For Single For Books of 
 
 Landing 10 Coupons 
 
 £ s. d. £ s. d. 
 
 Small type 2 6 1 
 
 Medium type 5 3 
 
 Large type 10 4 
 
 Each coupon to permit of one landing on any 
 R.A.F. aerodrome for a period ox' three months 
 from date of issue. Coupons to be transferable 
 between aircraft, but not between owners. 
 
 No extra landing fee will be charged in re- 
 spect of test flights before departure. 
 
 2. The R.A.F. , its servants or agents, will 
 not be liable for loss or damage by fire, flood, 
 tempest, explosion or other inevitable accident 
 to aircraft or to the pilots, engineers, of other 
 members of the crew thereof, or to any passen- 
 gers, goods, or mails carried therein landing at 
 or accommodated in any R.A.F. aerodrome. 
 
 3. {a) Attendance on civil aircraft by R.A. 
 F. personnel other than the ordinary attendance 
 included in the landing fees, will be charged for 
 on the basis of labour and time. Such R.A.F. 
 personnel will be available to assist civil aircraft 
 only to a limited extent, and at certain aero- 
 dromes to be specified by the Secretary of State. 
 
 (&) Stores, such as fuel, oil, tyres, etc., and 
 any standard spares that may be available, will 
 be supplied to civil aircraft by the R.A.F. 
 wherever possible, to meet emergency demands 
 and when no other source of supply is avail- 
 able. Such supplies will be charged for at the 
 current retail prices. 
 
 (c) Repairs will be carried out by the R.A.F. 
 for civil aircraft on emergency when no other 
 arrangements can be made. Repairs will be 
 confined to such work as will enable the air- 
 craft to proceed by air within a short period. 
 No repair which will exceed a cost of £10, ex- 
 clusive of the cost of stores and spares supplied, 
 will be undertaken before an estimate has been 
 made and submitted to the owner of the aircraft. 
 Repairs carried out by the R.A.F. will be 
 
 Notes 
 
88 TEXTBOOK OF AERIAL LAWS 
 
 carried out to the satisfaction of the responsible fees to spectators as they may desire. But they 
 inspecting officer, but no responsibility as to the shall not charge more than the prescribed land- 
 airworthiness of the aircraft shall rest on the ing fees for any aircraft landing during the 
 R.A.F. aerodrome staff. meeting. Such landing fee shall remain the 
 {d) Where R.A.F. workshops are available property of the firm holding the meeting. 
 
 but no R.A.F. personnel can be spared, ar- 
 
 . -n 1 1 . -J. .1 J! Seaplane Stations 
 
 rangements will be made to permit the use ot 
 
 the workshops by civiUan firms on appropriate 5. The arrangements and charges at R.A.F. 
 
 terms. seaplane stations will be, as far as practicable, 
 
 (e) Subject to the exigencies of the service, similar to the above arrangements and charges 
 
 salvage of aircraft will be undertaken by the ** R.A.F. aerodromes. 
 
 R.A.F. inside R.A.F. aerodromes, and as far 
 
 .,1 . • 1 T> A T-i 1 T VII — Licensed Aerodromes 
 
 as possible outside R.A.i . aerodromes. In 
 
 both cases charges will be made according to 1- The proprietors of hcensed aerodromes 
 the cost involved. ^^^ ^^ regularly supplied through the Air Min- 
 (/) Mechanical transport at R.A.F. aero- ist^y with the latest approved meteorological 
 dromes will be placed at the service of the civil information, and will be responsible for exhibit- 
 firms on emergency, and when circumstances ^^S the same in a conspicuous place, and for 
 permit. The rates to be charged will be:— supplying the same to pilots requiring it. 
 
 Per Mile ^' Proprietors of licensed aerodromes should, 
 
 s. d. as far as possible, keep records of wind and 
 
 5-ton lorry 1 9 , 
 
 3-ton lorry 1 6 Weather. 
 
 30-cwt. lorry 1 3 3 Adequate first aid appliances must be kept 
 
 Motor car 1 . ^-^ ^ 
 
 Motor cycle 4 at all liceuscd aerodromes. 
 
 These charges to include the driver; no ve- Winston S. Churchill. 
 
 hide being hired without an R.A.F. driver. Secretary of State for Air. 
 
 (g) Arrangements will be made for the use Owing to the fact that the subject is new and 
 
 of telephone, telegraph, and Post Office facih- a great many of the provisions, when interpreted 
 
 ties at R.A.F. aerodromes by civilian firms us- by rigid minded or biased officials, proved de- 
 
 ing the aerodromes. structive, the enforcement of some of the pro- 
 
 4. Arrangements will be made for the use of visions of this act was suspended, and modifica- 
 
 aerodromes for purposes of tuition, exhibitions, tions and general revisions are to be made from 
 
 or sporting contests. The charge will be in the time to time. Lawmakers who desire to draft 
 
 form of a lump sum for the period for which aerial laws should, therefore, inquire before 
 
 the aerodrome is required. adopting any of the provisions contained in this 
 
 The firm leasing an aerodrome for any such act. The authors will be glad to supply the 
 
 meeting shall be entitled to charge such entrance latest information available on the subject. 
 
 Notes 
 
PROPOSED FEDERAL AIR LAWS AND REGULATIONS FOR AIR TRAFFIC IN 
 
 THE UNITED STATES 
 
 Air traffic is essentially international and 
 interstate in character, therefore the air laws 
 and regulations for air traffic in the United 
 States should be made by the Federal Govern- 
 ment. 
 
 State registration of aircraft can hardly be 
 avoided. 
 
 To enforce these laws and regulations re- 
 quires a staff of experts similar to the staff of 
 the Steamboat Inspection Service, of the De- 
 partment of Commerce. 
 
 The work of registering aircraft and licens- 
 ing aviators being analogous to the work of 
 registering ships and Hcensing sea navigators, 
 which is done by the Department of Commerce, 
 it has been proposed that the Department of 
 Commerce be put in charge of this work. 
 
 Temporary legislation to this effect, pro- 
 posed in February, 1919, and was approved by 
 President Wilson, Secretary of War Newton 
 D. Baker, Secretary of the Navy Josephus 
 Daniels, Secretary of Commerce William C. 
 Redfield, Chairman Charles D. Walcott of the 
 National Advisory Committee on Aeronautics, 
 the Aero Club of America, the Aerial League 
 of America, the Aerial Touring Association, 
 and the Pan-American Aeronautic Congress. 
 
 The memorandum pointing out the need of 
 aerial laws and the proposed legislation which 
 were approved by the above mentioned authori- 
 ties last February, read as follows: 
 
 "Memorandum 
 
 "An emergency has arisen in relation to the 
 estabhshment of rules and regulations to gov- 
 ern aerial navigation within the United States 
 and its dependencies. 
 
 "1. At the present time there is no authority 
 for the establishment of rules and regulations 
 to govern civil aerial navigation in the United 
 States and its dependencies except local laws 
 passed prior to 1914 in the States of Massachu- 
 setts and Connecticut. 
 
 "2. The War Department alone now has for 
 sale several thousand aircraft of various types 
 which, if put upon the market, will be purchased 
 largely by amateurs, and in the absence of Gov- 
 ernment rules and regulations it is highly prob- 
 able that many accidents will occur and much 
 litigation ensue. 
 
 "3. There is also a probability of complica- 
 tions, especially in matters of smuggling, aris- 
 ing by unlicensed, irresponsible aircraft cross- 
 ing the borders between the United States and 
 both Canada and Mexico. 
 
 "Proposed Law Governing Aerial Navigation 
 in the United States and Its Depend- 
 encies and Between the United 
 States and Foreign Countries 
 
 "That no person, company or corporation 
 within the jurisdiction of the United States and 
 its dependencies, other than duly accredited 
 
 Notes 
 
 89 
 
90 
 
 TEXTBOOK OF AERIAL LAWS 
 
 officers and enlisted men of the Army, Navy 
 and Marine Corps, shall use or operate any air- 
 craft in aerial navigation from one State or Ter- 
 ritory of the United States or the District of 
 Columbia, to any other State or Territory of the 
 United States or the District of Columbia, or 
 between the United States or its dependencies 
 and any foreign country or any international 
 waters, except under and in accordance with a 
 license, revocable for cause, granted by the Sec- 
 retary of Commerce upon application therefor ; 
 and the Secretary of Commerce is hereby au- 
 thorized to grant such licenses and to make and 
 publish all needful rules and regulations for the 
 licensing and navigation of such aircraft; any 
 violation of such rules or regulations to be pun- 
 ished by a fine not to exceed $500.00; and the 
 
 Secretary of Commerce shall submit, by De- 
 cember 10, 1919, a report to Congress, giving in 
 detail the action taken by him hereunder, to- 
 gether with his recommendations for further 
 and more detailed legislation with respect to the 
 navigation of aircraft and the licensing and reg- 
 ulation thereof. For the enforcement of this 
 act and the rules and regulations made in pur- 
 suance thereof, including personal services in 
 the District of Columbia and in the field, the 
 sum of $25,000.00 is hereby appropriated." 
 
 Subsequently it was decided to wait to enact 
 legislation until such time as the reports of the 
 Aeronautic Commission of the Peace Confer- 
 ence could be studied, so that the national aerial 
 laws will harmonize with the international aerial 
 laws. 
 
 Notes 
 
AERIAL SMUGGLING 
 
 The aeroplane is admitted to be destined to 
 become an ideal vehicle for smugglers. There 
 are aeroplanes today that can fly between the 
 Maine coast and the Irish coast, and a contra- 
 band business could be conducted between the 
 two coasts with less danger and risk of detec- 
 tion than by the use of boats. 
 
 That aeroplanes began to be used for such 
 purposes soon after the signing of the Armis- 
 tice seems evident from published reports, some 
 of which are quoted herewith : 
 
 Berlin, Aug. 5, 1919. (Associated Press.) — A spe- 
 cial dispatch to the Lokal Anzeiger from Rybnik, Up- 
 per Silesia, says a large German aeroplane belonging 
 to a German airship works fell yesterday morning near 
 Ratibor while crossing the Polish frontier, all of its 
 seven occupants, including the pilot, Bindereif, being 
 killed. 
 
 An official announcement says the airship was shot 
 down by Polish border troops. 
 
 Among the passengers was former Finance Minister 
 Witousky of the West Ukraine Republic, who attended 
 the Peace Conference and later visited Berlin for a 
 few days, and had expressed his intention of returning 
 to Breslau by aeroplane. 
 
 The aeroplane carried 3,000,000 rubles in Ukrain- 
 ian money and a sack of Russian money. Important 
 documents belonging to the Ukrainian Government 
 were also found. 
 
 London, Aug. 12, 1919. — The Saxon Crown jewels, 
 including a pearl necklace, valued at £39,000, were 
 contained in the two packages dropped last week near 
 Malmoe, Sweden, from an aeroplane and taken charge 
 of by the police of Malmoe, says The Mail's Copen- 
 hagen correspondent. 
 
 In the packages were also gold heirlooms and securi- 
 
 ties worth hundreds of thousands of pounds, making 
 it the biggest customs haul on record. 
 
 "Two Germans who picked up the packages and 
 claimed the valuables as their own were arrested and 
 taken to Stockholm," says the correspondent. "One 
 is a Countess and the other was formerly a court offi- 
 cial at Dresden. The German Minister at Stockholm 
 claims that the jewels are not hable to confiscation, as 
 they are 'royal property.' " 
 
 London, Aug. 20, 1919. — A Copenhagen dispatch 
 to the Exchange Telegraph says it is believed that $4,- 
 000,000, ah attempt to smuggle which from Berlin 
 into Switzerland was frustrated by policemen in aero- 
 planes, belong to the former Crown Princess. 
 
 A person of high social prominence has been ar- 
 rested in connection with the attempt to take the 
 money from the country. Two women police agents 
 recently learned, the despatch continues, that this; 
 person was drawing on the Berlin banks and endeavor- 
 ing to get as much money in gold as possible. 
 
 The Beriin Chief of Police has arrived by aeroplane 
 at Weimar to report the case to President Ebert. 
 
 British Parliament and the Aerially 
 Smuggled Dogs 
 
 A man's love for his dog is proverbial; but 
 it is, nevertheless, surprising that the first cases 
 of smuggling should deal with dogs. 
 
 The subject has come up a number of times 
 for discussion in the British Parliament. On 
 May 19, 1919, Colonel Weston, a member of 
 Parliament, asked Major General Seely, the 
 Under Secretary of State to the Air Ministry, 
 whether, in view of the spread of rabies in Eng- 
 land, the belief that dogs were being imported 
 
 Notes 
 
 91 
 
92 
 
 TEXTBOOK OF AERIAL LAWS 
 
 from dangerous countries by airmen, and the 
 fact that outbreaks seemed to have origin close 
 to well-known aerodromes, if he would institute 
 a Court of Inquiry to investigate the matter at 
 Home and Continental aerodromes between 
 which there was communication; would he fur- 
 nish as far as possible to the proper authorities 
 at home the number of dogs so imported during 
 the last twelve months, the names of the airmen 
 who brought them over, and the names and ad- 
 dresses of the receivers of such dogs ; and would 
 he state what steps be taken by the military 
 authorities at the ports of embarkation abroad 
 and disembarkation at home to ensui'e that dogs 
 be not smuggled home, apart from the mere 
 notification to troops and women who had been 
 in service that it was forbidden. 
 
 Major General Seely answered: "The Air 
 Ministry has no information which bears out the 
 suggestion that dogs have been imported by 
 aeroplanes. The matter is one which has re- 
 ceived, and will continue to receive, close atten- 
 tion. Inquiries as to the procedure at ports of 
 embarkation should be addressed to the War 
 Office." 
 
 A month later the subject had been investi- 
 gated and it had been found that sixty-four 
 dogs had been illegallj'^ imported by aeroplane 
 and Colonel Weston asked the Under-Secretary 
 of State to the Air Ministrjs in view of the offi- 
 cial report that sixty-four dogs had been ille- 
 gally imported, what precautions were taken to 
 guard against dogs kept in an aerodrome being 
 infected with rabies in the event of a dog being 
 imported? 
 
 Major General Seely replied, "The irregu- 
 lar importation of dogs is strictly forbidden, and 
 
 under existing Orders should be impossible. I 
 am sending my honorable and gallant friend a 
 copy of the Order." 
 
 Despite the fact that England is a thickly 
 populated country, a rather small island with 
 hardly any place where aviators can land unde- 
 tected, aerial contraband of various forms is 
 being conducted and the British authorities find 
 it impossible to prevent it. 
 
 This is not surprising considering the fact 
 that even when protected by thousands of guns 
 and hundreds of planes, it was impossible to 
 prevent enemy planes from bombing England. 
 
 How much easier aerial contraband will be in 
 the United States, where there are thousands 
 of open fields away from populated places 
 where aeroplanes can land, and hundreds of 
 lakes where seaplanes can be landed and where 
 contraband can be unloaded. 
 
 Being capable of carrying approximately 
 five tons of useful load, the present day large 
 aeroplane, for instance, could conduct a very 
 profitable business in carrying opium, intoxi- 
 cants, and other contraband from Cuba to any 
 place inland in the U^nited States, or from Lower 
 California or Mexico to any place inland in the 
 United States, or from Canada. 
 
 When Aeroplanes Are Used to Carry Liquor 
 
 An aeroplane arrives at the Atlantic Citj'- 
 Airport or at Belmont Park. The aviator 
 greets the people around him and remarks that 
 he had a good trip from Boston and proceeds 
 to imload his cargo on an automobile, which is 
 soon on its way to deliver the cargo to its desti- 
 nation. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 93 
 
 As a matter of fact he came from Cuba or 
 Montreal and his cargo is alcohohc, 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 pre- 
 vent it. 
 
 This means patrolling the air as well as con- 
 trolling aeroplanes and aviators by Federal re- 
 striction and hcensing, inspecting the cargo and 
 giving them clearance papers as is the case with 
 ships. 
 
 This is easier said than done. 
 
 Supposing that a ship could dive or rise and 
 disappear from sight under water or in a screen 
 of clouds — pohcing the sea would certainly be 
 most difficult. 
 
 The fact that during the war all the German 
 aerial and anti-aircraft forces could not pre- 
 vent the allied aviators from bombing German 
 military and naval bases; and the very power- 
 ful British and French aerial and anti-aircraft 
 forces could not prevent the enemy aerial opera- 
 tions, shows the difficulty of preventing aerial 
 smuggling. 
 
 During the war no chance was taken. Lis- 
 tening stations were established at intervals of 
 a few miles and thousands of anti-aircraft guns 
 were ready to pour their deadly fire at a given 
 spot in the sky and form an aerial barrage in- 
 tended to prevent the raiding aeroplane from 
 passing. 
 
 The anti-aircraft guns were assisted by hun- 
 dreds of fighting aeroplanes which patrolled the 
 sky day and night, ever ready to attack and de- 
 stroy a raiding aeroplane. 
 
 No prisoners were taken in the air and the 
 percentage of those who survived an aerial bat- 
 tle was small. 
 
 Aircraft Can Drop Contraband by Means 
 of Parachutes 
 
 Aircraft do not have to land to unload their 
 smuggled goods. They can drop their contra- 
 band by means of parachutes, even bottled 
 goods. 
 
 At the Atlantic City Airport recently a crate 
 of eggs was dropped from an aeroplane at an 
 altitude of 2,000 feet. The parachute de- 
 posited the frail load on the ground hghtly, 
 without breaking a single egg\ 
 
 Aircraft Can Relay Contraband to and 
 from Ships 
 
 Aeroplanes have been the auxiUaries of ships 
 throughout the war. Seaplanes have been fly- 
 ing to and from ships and land aeroplanes were 
 installed on narrow platforms on gun turrets of 
 battleships and actually flew off these platforms, 
 which were less than twenty-five feet wide and 
 fifty feet long! 
 
 What is there to prevent a seaplane from fly- 
 ing to a ship fifty or one hundred miles out to 
 sea, drop a package of contraband goods on 
 board, or land by the ship and hand the pack- 
 age to somebody? 
 
 Another seaplane can meet the ship fifty or 
 one hundred miles from its destination, pick up 
 the package and bring it in the country without 
 the formality of paying duty. 
 
 There are scores of seaplanes flying daily 
 from twenty to fifty miles out to sea without 
 even exciting comments. 
 
 Notes 
 
SALVAGE OF WRECKED AIRCRAFT AWARDS? 
 
 It would appear logical that the principles 
 of Maritime Law as regards salvage of ships 
 should be applied in the case of salvage of 
 wrecked aircraft. 
 
 The British authorities proposed to cover this 
 phase of aerial jurisprudence with the following 
 clause in the draft of the Aerial Navigation Bill 
 of 1911, which was considered too visionary at 
 the time and was not adopted by the Home 
 Office or the Government: 
 
 "13 — (1) If any person finds, whether on 
 land or at sea, an aircraft which has been 
 wrecked or lost, he shall as soon as may be pos- 
 sible communicate with the poHce or other 
 proper authority, and the police or authority 
 shall communicate the information to the owner 
 of the aircraft if he can be ascertained. 
 
 ( 2 ) Where any such aircraft is salved, then — 
 (a) if the owner of the aircraft does not 
 abandon his right to the aircraft he shall pay 
 to any persons whose services have contributed 
 to the salvage of the aircraft, including any 
 person or authority who has given or com- 
 municated such information as aforesaid, any 
 expenses incurred by them for the purpose 
 and five per cent, of the value of aircraft as 
 salved, after deducting from that amount the 
 amount of the expenses of salvage payable 
 by the owner, to be distributed amongst those 
 persons in such manner as, in default of 
 agreement, the court having cognizance of 
 the case may think just; and 
 
 (b) if the owner abandons his right to the 
 aircraft, it shall be sold or otherwise dealt 
 with for the benefit of the salvors. 
 
 (3) The Board of Trade may make regula- 
 tions for the purpose of carrying this section 
 into effect, and in particular may prescribe what 
 authority shall be deemed the proper authority, 
 the manner in which communications are to be 
 made, the manner in which an owner may aban- 
 don his right to an aircraft, and the manner in 
 which aircraft may be sold or otherwise dealt 
 with for the benefit of the salvors." 
 
 Since then aircraft have been salvaged. In 
 1913 a British airship broke down far from its 
 station and another airship went to its rescue 
 and towed it through the air back to its station. 
 There are scores of cases of seaplanes flying to 
 the rescue of brokendown seaplanes, towing the 
 latter and crew to air stations. 
 
 Having in mind the demonstration given at 
 the Second Pan-American Aeronautic Con- 
 vention, Atlantic City, May, 1919, of the feas- 
 ibility of changing from one aeroplane to the 
 other in midair, we can readily foresee the pos- 
 sibility of an aeroplane going to the rescue of 
 another plane which has caught fire in midair, 
 and while flying over it at even speed, put the 
 fire out with its fire extinguishers. In such 
 cases at sea the Courts of Admiralty would 
 award the salvors part of the value of the saved 
 ship. Why not apply this principle in the air? 
 
 Notes 
 
 94 
 
Is this iviator entitled to salvage award? Seaplanes are to play an important part in coast guard and life saving work. This 
 photo shows a naval flying boat which flew to the assistance of the stranded troopship A'orthern Pacific which went aground in 
 a fog on Xew Year's Day ofl^ Fire Island, on the Long Island Coast. 
 
 Are these entitled to salvage awards? Photograph taken from the 
 air showing two seaplanes from the Miami Xaval Air Station going 
 to the rescue of a student aviator whose seaplane turned over and 
 who \\ as in danger of sinking. 
 
 When seaplanes are on the water they are subject to the regulations which govern ships and motor boats. When flying they 
 
 are subject to the aerial "rules of the road." 
 
 Face p. 94 
 
Until special aircraft are evohed to rise and descend vertically, or suitable provisions are made for large platforms on 
 which to land, aeroplanes and dirigibles can only start from and land on buildings as spectacular stunts, dangerous to the com- 
 munity as well as to the pilots and passengers of the aircraft. This photograph shows the aeroplane of Jules Vedrine after 
 it alighted on the roof of a Paris store. The roof terrace, which was only 47 feet %\ide, had been lined with sand bags to 
 facilitate the landing. The span of the aeroplane was 39 feet, almost as large as the roof itself. 
 
 A spectacular flight which would cause the aviator to lose his license and his insurance policy unless authorized by the au- 
 thorities. Aviators are apt to want to show their skill by flying through the narrowest openings, but in doing so they endan- 
 ger life and property, therefore flying under bridges is forbidden by most cities. This photograph shows Captain Alcoclv flying 
 througli the Tower Bridge in London. 
 
 Face p. 95 
 
STATE (U. S.) AERIAL LAWS 
 
 As already pointed out, air traffic being in- 
 terstate traffic, the registration of aircraft and 
 aviators comes vinder the Federal Government, 
 but states may deem it necessary to enact laws 
 to protect state rights and property or for other 
 purposes. In such case the lawmakers should 
 study the Federal Aerial Laws and draft their 
 legislation to harmonize with Federal laws. 
 
 New York Pioneer in State Registration 
 of Aircraft 
 
 In October, 1919, Governor Alfred Smith, 
 of New York, appointed a State Aeronautic 
 Commission consisting of Colonel Jefferson 
 DeMont Thompson, president of the Aero 
 Club of America, chairman, and Messrs. Alan 
 R. Hawley, Robert Graves, Frederick H. 
 Allen, Henry B. Herts, Frank F, Voss, and 
 Chauncey D. Hakes. 
 
 The purpose of the commission is to draft 
 aerial laws and regulations and direct the aero- 
 nautic activities of the state of New York. 
 
 A number of states have in the past con- 
 sidered aerial legislation. In some cases the 
 lawmakers' ignorance of aeronautics made them 
 the laughing stock of the country, as in the case 
 where legislation was proposed to prohibit avia- 
 tors from ascending to a height of over 1,000 
 feet and making aviators put up a bond of $10,- 
 000 to bind them to obey the law. 
 
 Most of the state laws proposed overlooked 
 the fact that to enforce aerial laws requires a 
 staff of experts as well as an aerial police. 
 
 In the State of Massachusetts, for instance, 
 in 1913, was adopted an act to regulate the use 
 of aircraft. After the act went into effect an 
 aviator applied for a Ucense and was told that 
 as no provision had been made for a board of 
 experts to conduct the necessary examination 
 of the pilot and inspection of the aircraft, he 
 could not be given a license. So he flew with- 
 out a license. Subsequently he fell and was 
 hurt. He was arrested for flying without a 
 license. When it was explained that he had ap- 
 plied for the license but the State was not pre- 
 pared to give it to him he was discharged. 
 
 The Massachusetts act to regulate the use of 
 aircraft reads as follows : 
 
 Massachusetts Act to Regulate the Use 
 of Aircraft 
 
 Section 1. It shall be unlawful for any avia- 
 tor or other person to operate an aeroplane or 
 aircraft of any kind unless licensed so to do by 
 the Massachusetts Highway Commission, ex- 
 cept with a licensed pilot and then not for a 
 distance exceeding five hundred miles. All li- 
 censes so granted shall expire on the last day 
 of the year in which they are issued, and may be 
 revoked at any time by the said commission. 
 The license fee shall be five dollars; but no 
 fee shall be charged for the issue of a new license 
 to a person whose license is about to expire. 
 No license shall be granted until the applicant 
 has passed a satisfactory examination by the 
 
 Notes 
 
 9b" 
 
96 
 
 TEXTBOOK OF AERIAL LAWS 
 
 commission consisting of written replies to ques- 
 tions put to him by the commission, and of a 
 flight to be made under the direction of an ex- 
 pert employed for the purpose by the commis- 
 sion. The questions put to the apphcant shall 
 include a test of his familiarity with such laws 
 of the commonwealth as may be applicable to 
 the operation of aircraft. No person shall re- 
 ceive a license as aforesaid until it is proved to 
 the satisfaction of the commission that he has 
 flown not less than one hundred miles in some 
 standard type of machine. 
 
 Section 2. No aeroplane shall be used until it 
 has been inspected by an inspector employed for 
 the purpose by the said commission, and has 
 been approved, registered, and had a register 
 number assigned to it by the commission. The 
 foregoing provision of this section shall not ap- 
 ply to aeroplanes usely solely for the purpose of 
 experimentation when used on or over grounds 
 specially devoted to aviation, or over an open 
 body of water of sufficient size. The fee for 
 registering each aeroplane shall be ten dollars. 
 The registration number, in numerals not less 
 than two feet high, shall be carried at all times 
 when an aeroplane is away from its home sta- 
 tion, and shall be so secured as to be visible from 
 below. A registration number shall not be 
 shifted from one aeroplane to another except in 
 the case of aeroplanes operated by manufac- 
 turers or dealers, in which case a special regis- 
 tration number shall cover any or all aeroplanes 
 which may for the time being be controlled and 
 operated by any such manufacturer or dealer. 
 
 Section 3. Aviators while flying over any 
 part of the commonwealth shall conform strictly 
 to the following rules of the air : — 
 
 (a) Meeting head on: When two aeroplanes 
 are in danger of meeting head on, each aviator 
 shall change his course to the right. (Note — 
 This method of passing being in accordance with 
 the rules of the road on land and with the United 
 States steamboat regulations at sea.) 
 
 (b) Meeting obliquely — When two aero- 
 planes threaten to meet at an angle, that aero- 
 plane which has the other on its left shall have 
 the right of way and shall continue its course 
 with as httle deviation as possible. The avia- 
 tor who finds another aeroplane approaching 
 him from the right shall change his course in 
 order to avoid a collision. In changing his 
 course the aviator may pass above, below, or on 
 either side of the aeroplane having the right of 
 way, but in any case shall not pass within one 
 hundred feet of the aeroplane having the right 
 of way. (Note — Bj^ giving the right of way 
 to the aeroplane which has the other on its left 
 hand this rule of the air is made to correspond 
 with marine practice.) 
 
 (c) Overtaking — One aeroplane shall be 
 considered as overtaking another when it ap- 
 proaches the other from a position which is in 
 any degree to the rear of the leading aeroplane, 
 whether it approaches from directly astern or 
 obliquely from the right or left, downward or 
 upward. It shall be the duty of an aviator 
 overtaking another aeroplane to act on the as- 
 sumption that the aviator ahead of him is ignor- 
 ant of the approach of the other aeroplane and 
 may change the course of his aeroplane without 
 warning. The overtaking aviator shall there- 
 fore be held solely responsible for avoiding a 
 collision, which he may do by directing his course 
 to the right or to the left, upward or downward. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 97 
 
 He shall so direct his course that the overtak- 
 ing aeroplane shall not pass within one hundred 
 and fifty feet of the overtaken aeroplane. 
 
 Section 4. No air machine shall fly over a city 
 in the commonwealth at an altitude of less than 
 three thousand feet, and no air machine shall 
 fly over any town or village containing less than 
 one thousand inhabitants except at an altitude 
 of at least five hundred feet, and no air machine 
 shall fly over any town or village in the common- 
 wealth containing more than five thousand in- 
 habitants excepting at an altitude of one thou- 
 sand feet. 
 
 Section 5. No aviator shall fly over any 
 massed assembly of one hundred or more people 
 in the open, whether such people be grouped in 
 a grandstand or massed in an open field; and 
 no aviator shall intentionally throw or drop any 
 missile or other article from an aeroplane in 
 flight except over grounds devoted to flying or 
 over open water unless he has previously ob- 
 tained the special permission of the commission. 
 
 Section 6. When flying over buildings, per- 
 sons or animals, an aviator shall fly at such alti- 
 tude as will best conduce to the safety of those 
 below him as well as to the safety of himself 
 and his passengers, if he be carrying passengers. 
 He shall be held liable for injuries resulting 
 from his flying unless he can demonstrate that 
 he had taken every reasonable precaution to 
 prevent such injury. 
 
 Section 7. Except in cases of emergency an 
 aviator shall not land in highways or public 
 
 parks or other public grounds without permis- 
 sion from the authorities in charge thereof. In 
 case an aviator should land in a highway, public 
 park, or other public ground without permis- 
 sion, the Massachusetts Highway Commission 
 may require him to prove that the landing was 
 an emergency landing. 
 
 Section 8. The foregoing sections of this act 
 shall not apply to military aviators while in the 
 service of the commonwealth or of the United 
 
 States. 
 
 Section 9. The said commission may permit 
 any aviator or aeroplane which has been duly 
 licensed or registered in another state to operate 
 within this commonwealth for a period not ex- 
 ceeding ten consecutive days without requiring 
 such aviator to obtain a Massachusetts license 
 or to register his aeroplane. 
 
 Section 10. Any applicant for an aviator's 
 license or for the registration of an aeroplane 
 may appeal to the Massachusetts Highway 
 Commission from any decision of an employee 
 of the said commission. In such case the appli- 
 cant shall be entitled to a hearing before the 
 commission. 
 
 Section 11. Whoever violates any provision 
 of this act shall be punished by a fine of not less 
 than ten nor more than five hundred dollars, 
 or by imprisonment for not less than one month 
 nor more than six months, or by both such fine 
 and imprisonment. 
 
 Approved May 16, 1913. 
 
 Notes 
 
REGULATIONS FOR FLYING OVER CITIES 
 
 A number of accidents, some due to reckless- 
 ness on the part of the pilot, and some due to 
 other causes, have shown the need of regulations 
 for over city flying. 
 
 Owing to the fast progress of aeronautics and 
 the desirability of employing aircraft for trans- 
 poration, the making of regulations to govern 
 flying over cities is somewhat difficult, especially 
 owing to the fact that the same regulations can 
 hardly be applied to a number of cities. 
 
 In a general way the purposes of the regu- 
 lations would be (1) to prevent aircraft from 
 flying so low as to endanger life and property 
 below in case the motor should stop; (2) to 
 make aviators fly high enough so the aircraft 
 will have a gliding angle sufficient to enable it 
 to reach the nearest aerodrome in case the motor 
 stops; (3) nothing should be dropped from an 
 aircraft while flying over cities which may en- 
 danger life or damage property or annoy 
 people below. 
 
 It is evident that unless cities are equipped 
 with airports or flying fields it would be im- 
 possible for aircraft, under these regulations, 
 to fly over a city. 
 
 As a general rule the tendency is to welcome 
 aviators who land in parks, but occasionally 
 an aviator is subject to arrest, as was the aviator 
 who landed in Van Cortlandt Park, New York, 
 and was arrested charged with "unlawfully dis- 
 turbing the grass in a grass plot in Van Cort- 
 
 landt Park by landing there with an aeroplane 
 without a permit from the proper authorities." 
 
 Regulations for Flying Over Paris and London 
 
 Paris, the French metropolis, was first to 
 adopt aerial regulations. M. Lapine, the fa- 
 mous Prefect of Police of Paris in 1912, 
 adopted the foUowinlg regulations for flying 
 over the city: 
 
 1. The regulations will apply to the three following 
 classes of machines for aerial locomotion : Aeroplanes, 
 dirigible balloons and free balloons ; all three classes 
 will be included under the general denomination of 
 aeronefs. < 
 
 2. Landing at any point within the city of Paris 
 or the communes of the Seine Department is for- 
 bidden. 
 
 3. Apparatus circulating above Paris and the chief 
 towns of the department must keep at such a height 
 that a landing can be made at a point free from col- 
 lections of buildings. 
 
 4. Pilots of dirigible or free balloons may not throw 
 overboard any form of ballast but fine sand. 
 
 5. No aeronefs, if compelled to land unexpectedly, 
 may make a new start from the place of landing. All 
 apparatus must be taken to pieces and removed to the 
 nearest fixed starting grounds. 
 
 London, New York and other cities left the 
 making and enforcing of regulations for fly- 
 ing over cities to their Aero Clubs, whose power 
 to suspend an aviator and exclude him thereby 
 from participating in aviation meets, or making 
 records anywhere in the world, insures a penalty 
 
 Notes 
 
 98 
 
A spectacular flight which would lead to the aviator los- 
 ing his insurance policy. A French aviator "threading" the 
 Arc de Triomphe. The width of the opening in the .\rc 
 being only 43 feet and the span of the wings '2-2 feet, the 
 stunt was a dangerous one, and the Paris police issued orders 
 forbidding any similar attempt to fly under the Arc or under 
 bridges. 
 
 A passenger descending in a parachute after jumping from 
 an aeroplane. 
 
 A spectacular flight under a bridge which would cause the 
 pilot to lose his insurance policy. 
 
 Factors which Increase or Decrease Aerial Insurance Rates 
 
 A parachute is considered a life preserver in aerial navigation and passengers who travel in aircraft equipped with parachutes 
 are considered entitled to lower rates than passengers travelling in aircraft not equipped with aerial life preservers. In a spe- 
 cial report, the Committee on Aerial Insurance of the Aero Club of America and the Aerial League of America have recom- 
 mended lower rates for aircraft having the following features: 
 
 (1) Aircraft equipped with two or more motors which can fly without serious loss of height with one motor when equipped 
 with two; with two motors when equipped with three or four; with three motors when equipped with Ave. This reserve in 
 power plants will enable the aircraft to continue on until a safe landing place is found, in the event of half of the power plant 
 breaking down; 
 
 {2} People travelling in aircraft equipped with parachutes or other forms of aerial life preservers should be entitled to lower 
 rates ; 
 
 (3) Aeroplanes having a high gliding angle as well as high factor of safety; 
 
 (4-) Aircraft protected from fire through the use of non-inflammable "dope" or other preparation applied to every burnable 
 part of the aircraft. 
 
 (5) Aircraft equipped with protected gasoline tanks. 
 
 (6) Aircraft equipped with stabiliwrs or "automatic pilots." 
 
 (7) Aircraft duly equipped with all the necessary instruments for aerial navigation. 
 
 Face p. 
 
The international aerial regulations require that aircraft conducting international traffic land only at official aerodromes and 
 that they shall carry a sealed bariograph registering altitudes maintained throughout the flight which would indicate any land- 
 ing. This photograph shows an aviator on the top of a plane about to change to the plane above, which demonstrates the 
 possibilities of avoiding the customs regulations by transferring dutiable goods to another plane while in flight. 
 
 This remarkable photograph of six kite balloons, from the Arcadia, California, Army Balloon School, over the Californian 
 mountains, suggests the employment of kite balloons to watch against aerial smuggling in localities where aircraft could other- 
 wise land unobserved, with smuggled goods. 
 
 Face p. 99 
 
TEXTBOOK OF AERIAL LAWS 
 
 99 
 
 much more severe than being fined by a magis- 
 trate. Flying over London is now governed 
 by the British Aerial Navigation Act of 1919, 
 printed elsewhere in this book. 
 
 State and municipal air laws and regulations 
 should harmonize with the Federal laws, there- 
 fore it is hoped that states and cities will wait 
 to frame laws and regulations until the Federal 
 laws have been framed. 
 
 Aerial tragedies and accidents and annoy- 
 ances can be averted in the meantime by the co- 
 operation of the Aero Club of America, the 
 Aerial League of America and the Aero Clubs 
 and organizations affihated with these organiza- 
 tions, who have as much influence on aviators as 
 is required to prevent reckless flying. 
 
 How Atlantic City Curbed Reckless Flying 
 
 The Atlantic City case illustrates this point. 
 The Second Pan-American Aeronautic Con- 
 vention and the establishing of the Airport made 
 Atlantic City the center of civilian flying in the 
 spring of 1919. Making passenger flights be- 
 came popular and, naturally, the aviators and 
 their passengers wanted to fly over the famous 
 Boardwalk. At first, this practice was interest- 
 ing to the City. Aeroplanes were a novelty 
 and to be the aeronautic center of civihan activi- 
 ties was a distinction. 
 
 But, one warm day, a half dozen planes flew 
 over the city from early morning until late at 
 night, carrying passengers. The noise dis- 
 turbed people taking naps in the afternoon and 
 flying over the Boardwalk in the night had a 
 weird, frightening effect. Complaints were 
 made to the City and for a month thereafter the 
 number of complaints increased. 
 
 The City referred the complaints to the At- 
 lantic City Aero Club and Mr. Albert T. Bell, 
 the president of the Atlantic City Aero Club, 
 sent the following notice to all the aviators : 
 
 "The Atlantic City Aeko Club requests that 
 Aviators flying about Atlantic City comply with the 
 following rules. Careful observance will stop the se- 
 rious complaints which are reaching the Club as to : 
 
 (a) Objectionable noise from motors, 
 
 (b) Risk to the public from low flying, 
 
 (c) Danger to passengers from insufficient height. 
 "In eff"ect Tuesday, June M, 1919, at noon: 
 "Rule No. 1 : District No. 1 is defined for the 
 
 present as territory, both land and water, which is 
 bounded by a line drawn from the Inlet Wharf to a 
 point 100 feet oceanward of the beginning of the 
 Boardwalk to a point 100 feet oceanward of the Old 
 Windmill at Baltic Avenue and the Boardwalk, to the 
 Black and White Channel buoy, to the inner black 
 can buoy, to the outer black can buoy, to the outer end 
 of the Steel Pier, to the outer end of the Million Dol- 
 lar Pier to a point in the ocean two thousand feet from 
 the Boardwalk opposite the end of Albany Avenue to 
 the intersection of Albany Avenue and the inside 
 Thoroughfare and from said intersection following the 
 line of the Inland Waterway to the Inlet Wharf. 
 
 "Rule No. 2 : Aircraft flying over District No. 1 
 shall maintain an altitude of two thousand, five hun- 
 dred feet or higher." 
 
 Any city having trouble with aviators flying 
 over the city or flying too low for public safety 
 can obtain the same results by this method, with- 
 out plunging in the difficult task of drafting 
 regulations. 
 
 How Will You Find Out Who Dropped the 
 Monkey wrench on Your Roof? 
 
 Cases of dropping of objects from aircraft 
 are on record. One day Mr. Alan R. Hawley, 
 president of the Aero Club of America, and the 
 
 Notes 
 
100 
 
 TEXTBOOK OF AERIAL LAWS 
 
 writer were watching a flight at a Long Island 
 aerodrome when an object passed us and struck 
 the ground by us. It was the door of the en- 
 gine cowl, a piece of sheet metal about one foot 
 square. , The pin that held it had worked its 
 way loose, or the mechanics had forgotten to 
 fasten it with the pin. The air pressure had 
 blown it away from the plane. 
 
 Cases are on record of monkeywrenches be- 
 ing left on the wings or other parts of the plane 
 by mechanics while getting the plane in readi- 
 ness for flight. The planes went up and soon 
 the monkeywrench came hurtling through space, 
 fortunately not hitting anyone. 
 
 There have been many cases where, during 
 flights in aeroplanes equipped with two or three 
 motors, one of the motors stopped and it be- 
 came necessary for the mechanic to go out to 
 repair it. This happened once while the writer 
 was flying in a three-motored Caproni biplane, 
 over Garden City, and happened to the large 
 Handley-Page biplane while it was flying from 
 Newfoundland to the Atlantic City Airport. 
 After the flight across the Atlantic of Captain 
 John Alcock and Lieutenant Arthur W. 
 Brown, I thought it would be better for this 
 plane to fly to the United States. So I sent 
 a telegram to Admiral JMark Kerr, who was in 
 charge of the Handley-Page, inviting him to 
 fly to the Atlantic City Airport. They started 
 and flew ^art of the way, then the gasoline pipe 
 of one of the motors broke and the mechanic 
 climbed out on the plane to repair it. But it 
 was too dark to see, therefore, it was decided to 
 land. 
 
 Anyone can readily see how possible it would 
 have been to lose a monkeywrench in such a case. 
 
 When hundreds of aircraft navigate the air 
 at speeds of up to 300 miles an hour, going in 
 every direction of the compass, how will you 
 find out who dropped the monkeywrench on 
 your roof? 
 
 Compelling aircraft to have aU their tools 
 and parts stamped with their license number 
 vdll be one solution. 
 
 Shall Aircraft in Distress Throw Cargo 
 Overboard? 
 
 You may forbid carrying loose monkey- 
 wrenches and other tools and may punish those 
 who let things drop from aircraft — but can you 
 forbid aircraft in distress from throwing cargo 
 overboard? 
 
 The British Aerial Laws forbid throwing 
 overboard anything excepting sand or water 
 ballast — and 'svhen the officials were asked 
 whether it would not be better to let the pilot of 
 a crippled dirigible drop a ton of equipment 
 than to let the huge dirigible, weighing about 
 fifty tons, fall, they said they will deal with 
 such a case after it has happened; which is the 
 way most of the air laws will be made and re- 
 vised to fit the case. 
 
 When Messrs. Forbes and Post Dropped 
 
 3000 Feet and Went Through 
 
 the Roof of a House 
 
 This reminds us of the time, in 1909, when the 
 balloon of Messrs. A. Holland Forbes and 
 Augustus Post exploded when they were 3,000 
 feet over Berlin and they dropped down and 
 went through the roof of a house and landed in 
 a lady's boudoir. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 191 
 
 They represented the Aero Club of America 
 in the International Balloon Races and had 
 started from the balloon park near Berlin. 
 But, on starting, the balloon basket caught on a 
 fence and a number of bags of sand used as bal- 
 last dropped from the basket. Relieved of the 
 weight of these bags of ballast, the balloon shot 
 up in the air rapidly. The "appendix," or tube 
 from which the gas escapes when the pressure 
 is excessive, due to the expansion of the gas 
 when heated by the sun, was tied and the gas 
 could not escape. There was an explosion and 
 the balloon began to drop like a stone. 
 
 Fortunately, the air filled part of the balloon 
 bag and it acted like a parachute and checked 
 the drop considerably. 
 
 As they were about to strike the roof of the 
 house they both made a jump for the wooden 
 ring overhead, which held the ropes connecting 
 the basket to the gas bag. Jumping for the 
 "Concentrating Ring" is a trick in ballooning.. 
 It enables the people in the basket to escape the 
 shock as the balloon basket strikes the ground. 
 Messrs. Forbes and Post were saved from the 
 great shock of the basket striking the roof of 
 the house, which made a hole in the roof and 
 they were dragged down by the basket. They 
 found themselves in a lady's boudoir, but the 
 lady was not at home. 
 
 Two days later she wrote to them inviting 
 them to call while she was at home ! 
 
 Many months after the Air Navigation j^t 
 had become a law the British Air Ministry was 
 still issuing warnings to aviators about the in- 
 fringement of the most elementary provisions 
 of the Act. 
 
 Following is one of the warnings : 
 
 It is notified that though the Air Navigation Regu- 
 lations have been in force since May 1, and it is felt 
 that pilots and others have now had ample opportu- 
 nity of acquainting themselves with the regulations, 
 numerous instances of their infringement are still being 
 reported. 
 
 The regulations were made with a view to securing 
 the public safety, and, in future, proceedings will be 
 taken when they are contravened. 
 
 The public are requested to co-operate with the 
 Air Ministry in this matter by forwarding to the Sec- 
 retary, (C.G.C.A.) Air Ministry, London, particu- 
 lars of alleged offences, including, if possible, the 
 registration number or mark of the machine in ques- 
 tion. 
 
 The most common instances of infringement are : — 
 
 1. Dropping leaflets and other advertising matter. 
 (For the purpose of the Victory Loan Campaign the 
 Secretary of State for Air waived the provision in the 
 Regulations against the dropping of leaflets from air- 
 craft; but the exemption has now been withdrawn.) 
 
 2. Taking up and landing passengers as a regular 
 proceeding at places which have not been licensed as 
 aerodromes. 
 
 3. Low flying, (a) over towns, (6) to the danger of 
 the public elsewhere. 
 
 4. Neglecting to obliterate military markings when 
 a machine has ceased to be a military machine. 
 
 5. Obscuring registration marks by means of adver- 
 tisements or otherwise. 
 
 Difficulty of Enforcing Aerial Laws 
 
 Reading over the International Aerial Laws 
 and the British Air Regulations, one realizes 
 the difficulties ahead for the authorities in trying The international aerial navigation regula- 
 
 to enforce the laws. tions provide that every aircraft shall be marked 
 
 Difficulty of Seeing Aeroplane Numbers if 
 
 Planes Fly High Enough to 
 
 Comply with the Law 
 
 Notes 
 
102 
 
 TEXTBOOK OF AERIAL LAWS 
 
 with letters and numbers to designate their 
 nationahty and their registration. 
 
 The British regulations for aerial navigation 
 provide that : "aircraft shall bear the prescribed 
 registration and nationahty marks, affixed or 
 painted on the aircraft in the prescribed man- 
 ner." 
 
 In other words, aircraft will have to carry 
 the equivalent of automobile number plates. 
 Easily said and easily done — but to read the 
 plate number is another matter. You can read 
 it from the ground if the day is clear and the 
 aviator is not higher than 2,000 feet and you 
 have a good eyesight and the sun is not shining 
 straight in your eyes. Incidentally, the avia- 
 tors are not supposed to fly as low as 2,000 feet 
 over cities. They must fly high enough to be 
 able to glide down to a prescribed landing place 
 or aviation field in case the motor stops. 
 
 The average ghding angle of an aeroplane is 
 six to one. If the a^^ato^ is up five thousand 
 feet he has a radius of 30,000 feet, or about 
 seven miles in which to find a landing place. 
 Twin motored planes are usually heavier, there- 
 fore, their gliding angle is less. But in case one 
 motor stops, the machine is kept going by the 
 other motor. 
 
 The heavy, high horsepowered, single-mo- 
 tored planes which have a gliding angle of only 
 two or three to one should not be permitted to 
 fly over cities, unless the cities have a number 
 of landing fields to which the aeroplane can 
 glide. 
 
 In view of the fact that the use of aeroplanes 
 is spreading and that aerial navigation over 
 long distances is coming, cities will find it nec- 
 essary to estabhsh airports within the city limits. 
 
 which will facihtate flying over cities. Until 
 then, flying over cities will be restricted by the 
 lack of landing places. 
 
 You can also read the number on the plate if 
 you fly up to the plane, parallel or over it, and 
 neither you nor the refractory aviator is looping, 
 spinning or flying upside down. 
 
 If he is up a few thousand feet higher than 
 the aerial pohceman and flies a plane as fast as 
 the air cop's plane, then the latter begins to be 
 hopeless. He will not be able to get close 
 enough to see the number on the plate. 
 
 Unless he is equipped with the most powerful 
 plane available and equipped with "super- 
 chargers" to enable him to climb up to whatever 
 heights the lawbreaker may try to escape in, the 
 air cop wiU be the laughing stock of the "sport" 
 who flies a powerful racing plane, capable of 
 going at 200 miles an hour, climbing three 
 thousand feet a minute and going up to the 
 fifty thousand foot level. 
 
 Even if he has the equipment capable of cop- 
 ing with the lawbreaker, the air cop ^viU be the 
 subject of a great many jokes and will have to 
 be ready to clinib from the balmy air of the five 
 thousand foot level to the frigid and rarified 
 air of the thirty thousand foot level and from 
 breathing the ozone of the lower level to breath- 
 ing through the oxygen mask at the higher level. 
 
 The Airman Will Have to Tell His Number! 
 
 Even with the best of plane, the air cop will 
 have a hard time finding the plate number of a 
 given aircraft, unless a law is passed compelling 
 every aircraft to carry a radio telephone and 
 compeUing airmen — and airwomen — to tell 
 
 Notes 
 
This twin-motored Lawson' air liner can fly with only one motor going. As the photograph shows, the air liner is flying over 
 New Yorit Bay, and if it were equipped with only one motor, or was unable to fly for a reasonable distance with only one motor 
 going, it would be in danger of having to land in the Bay in the case of one motor stopping. 
 
 Hence the necessity of requiring that twin-motorea aeroplanes be capable of flying with only one motor going, and three mo- 
 tored aeroplanes shall be capable of flying with only two motors going. The gliding angle of the average aeroplane, when 
 the power plant stops or when the engines stop is usually between four and eight to one. In other words, if the aeroplane 
 stops at a height of 1,000 feet the aviator must land within a radius of from 4,000 to 8,000 feet from the point where the motor 
 stopped. If, however, the aeroplane is equipped with two motors, and one motor can keep the aeroplane going, even if it does 
 not maintain its altitude and cannot make its home station, it may increase the gliding angle to 1,000 to 1. In other words 
 if the pilot is flying at a height of 1,000 feet and one motor stops, he is not forced to pick out a landing spot immediately 
 under liim, but can proceed on for many miles and reach a suitable aerodrome where he can land with safety to the aircraft 
 and to the passengers. Multi-motored aeroplanes and people traveling in them, are, therefore, also entitled to lower insurance 
 rates. (See Chapter on "Insurance of Person and Property from Aircraft Damage in War and Peace.") 
 
 Face p. 102 
 
Map of the Aeronautic Geographical Divisions of the United States and Canada 
 
 Reproduction of the new wall map of the U. S. and Canadian Airways and Air Routes, showing the aeronautic geographic 
 divisions of tlie United States and Canada. On the original, which is 50x43 inches in size, the airways and air routes are 
 printed in red, so that the names of all the communities are plainly readable. This remarlsable map divides the United States 
 into distinct geographical divisions, so that when an aviator states that he is going to fly across the continent, he is not obliged 
 to grve all the names of all the cities he is going to fly over or to. He just states that he is going to fly over a given air- 
 way and that conveys the information regarding the route he will follow. The airways on this map are 80 miles wide, to 
 provide a scientific and practical solution to the difficult problem of operating permanent aerial transportation lines at night 
 and in fogs, over fixed routes, without danger of collisions between aircraft flying in opposite directions. 
 
 The M mile airways have two "one-way streets." Aircraft will keep to the right while traveling; and even if tliey should 
 deviate from their course, owing to wind drift, they would not be in danger of encountering aircraft flying on the same air- 
 way from the opposite direction. 
 
 Printed on this map are the aerial "rules of the road," and an explanation of the three levels adopted for air travel, viz., the 
 "interurban level," for aircraft flying between cities less than 500 miles apart; the "interstate level," for aircraft navigating 
 between points from 500 to 1,000 miles apart, and the "international level," for aircraft navigating between points 1,000 miles 
 or over apart. The altitudes of the.se levels are 5,000, 10,000, and 15,000 feet respectively. 
 
 This map is compiled from United States and Canadian Government surveys and other sources, and includes the latest pub- 
 lic surveys, and Indian, Jlilitary and Forest Reservation, railroads, canals and national parks. It was prepared by the Aero- 
 nautic Maps Association. Copies can be had from the .Veronautic Library, 399 Jladison .\venue, Xew York City, X. Y. 
 
 Face p. 103 
 
TEXTBOOK OF AERIAL LAWS 
 
 103 
 
 their registration number and always be truth- 
 ful about it. 
 
 Then another difficulty arises. A small per- 
 centage of the pilots and passengers of a thou- 
 sand aircraft can ask enough questions and in- 
 formation by radiophone to paralyze the poor 
 air cop or drive him to the frigid zone! 
 
 Establishing One-Way Air Street and Alti- 
 tude "Levels" Will Solve Most Difficult 
 Problems of Air Traffic 
 
 To meet the special conditions of the United 
 States as regards aerial navigation and air traf- 
 fic, a system of airways has been established, to- 
 gether with a system of altitude "levels," for 
 different classes of air traffic, which solve the 
 problems. 
 
 The airways are shown in the accompanying 
 map. 
 
 There are eight main American airways, as 
 follows : 
 
 ( 1 ) The Wilson Airway, named after Presi- 
 dent Wilson in. 1916. It extends from New 
 York to San Francisco. 
 
 (2) The Wright Brothers Airway, named 
 after Orville and Wilbur Wright, the American 
 pioneers, who gave the world the first practical 
 aeroplane. It extends from Washington to 
 San Diego, Cal., passing through South Caro- 
 lina, where the Wright Brothers conducted their 
 first experiments. 
 
 (3) The Langley Airway, named after Pro- 
 fessor Samuel Pierrepont Langley, the pioneer 
 experimenter in aeronautics. It extends from 
 Philadelphia, Pa., to Santa Barbara, Cal. This 
 terminal was selected in honor of Mr. William 
 
 H. Bliss, who gave the funds for the organiza- 
 tion in 1915 of the First Reserve Aero Com- 
 pany, which resulted in training 300 aviators at 
 private expense, who were eventually taken over 
 by the U. S. Army and Navy, and were the first 
 American aviators to go to France after Ameri- 
 ca's entry into the war. 
 
 (4) The Chanute and Bell Airway, named 
 after the American experimenters in aviation, 
 Octave Chanute, who encouraged and assisted 
 the Wright Brothers, and Alexander Graham 
 Bell and Mrs. Bell, who paid for the early ex- 
 periments of Glenn H. Curtiss. This airway 
 extends from Boston, Mass., to Seattle, and 
 Portland, Oregon. 
 
 (5) The Rodgers Airway, named in honor 
 of Calbraith Perry Rodgers, the American avi- 
 ator who was the first to make a trans-continen- 
 tal flight, in 1911. The Rodgers Airway ex- 
 tends from Newport News and Norfolk, Vir- 
 ginia, to Los Angeles, California. 
 
 (6) The Atlantic Airway extends from Ban- 
 gor, Maine, to Key West, Florida, and includes 
 every city and community on the Atlantic Sea- 
 board. » 
 
 (7) The Gulf Airway extends from Key 
 West to the mouth of the Rio Grande, following 
 the coast, and includes every city and commu- 
 nity on the Gulf seaboard. 
 
 (8) The Pacific Airway extends from San 
 Diego to Puget Sound, following the coast 
 line, and includes every city and community on 
 the Pacific seaboard. 
 
 The Canadian Airways are as follows : 
 ( 1 ) The "All-Red" Airway extends from St. 
 Johns, the gateway of the trans-Atlantic Air 
 Route, to Quebec, Montreal, Ottawa, and 
 
 Notes 
 
104 
 
 TEXTBOOK OF AERIAL LAWS 
 
 straight west along the hne of the Canadian 
 Pacific Raih-oad to Fort William and Winni- 
 peg, and from Winnipeg to Regina, Moose 
 Jaw, Medicine Hat, Lethbridge, Calgary, 
 through the Canadian National Parks, to Van- 
 couver, the gateway of the Pacific and Vic- 
 toria. 
 
 (2) The Sunset Airway extends from St. 
 Johns, Newfoundland, to Sydney, Halifax, St. 
 John (N. B.), Fredericton, Edmunston, Que- 
 bec, Three Rivers, Montreal, Cornwall, Pres- 
 cott, Brockville, Kingston, Belleville, Goburg, 
 Toronto, Camp Borden, Owen Sound, Sault 
 Ste. Marie, Port Arthur, Winnipeg, Prince Al- 
 bert, Saskatoon, through the National Buffalo 
 Park, Edmonton, Mount Robson and Jasper 
 Parks, and Prince Rupert on the Pacific. 
 
 The adoption of airwaj'S to be geographic 
 divisions, analogous to the standard time zones, 
 and altitude "levels" for different kinds of aerial 
 transportation will solve the most difiicult prob- 
 lems. When an aviator states that he is going 
 to fly across the continent and will follow a 
 given airway it will not be necessary to describe 
 the route he expects to follow as would be 
 necessarjr otherwise. 
 
 The adoption of altitude levels for the regula- 
 tion of air traffic provide: 
 
 ( 1 ) That aircraft navigating between points 
 less than 500 miles apart shall not go over the 
 5,000 feet altitude, which may be called the "In- 
 terurban" level; aircraft navigating between 
 points from 500 miles to 1,000 miles apart shall 
 travel at a height of between 5,000 and 10,000 
 feet, which may be called "Interstate" level; air- 
 craft navigating between points 1,000 miles 
 apart or over shall travel at heights of 10,000 
 
 feet and over, which may be called the "Interna- 
 tional" level. 
 
 Dividing air travel to different levels will 
 prevent accidents due to loss of altitude in flight 
 and similar causes. 
 
 ( 2 ) To protect against accidents due to drift- 
 ing in fogs and darkness, it is wise to make the 
 national and international airways 80 miles 
 wide, and aircraft will travel on the right side 
 of the center of the airway, until they approach 
 their destination. Each airway becomes, there- 
 fore, divided into two "one-way streets" thirty- 
 five miles wide, respectively. The ten-mile belt 
 in the center is a neutral safety zone where crip- 
 pled aircraft may navigate slowly while making 
 repairs, aircraft on fire will repair while the 
 fire is extinguished and the aerial policemen will 
 have their posts. 
 
 The adoption of "levels" proved satisfactory 
 for aerial patrol work during the war. The 
 fighting squadrons were sent to protect the 
 photographic and artillery squadrons at differ- 
 ent levels, over different sectors and the aviators 
 on duty at a given level, over a given sector had 
 no excuse if they failed to protect a photographic 
 plane in that level and that sector. The duties 
 of the aerial policemen will be carried out in a 
 similar manner. 
 
 Rules of the Air and Regulations for 
 Preventing Collisions 
 
 Rules of the air have been issued from time to 
 time by the Aero Clubs and the International 
 Aeronautic Federation and they have been 
 adopted by Governments for use at Army and 
 Navy air stations and have been incorporated 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 105 
 
 in the International Regulations for Aerial 
 Navigation. See "Rules of the Air," "Pre- 
 venting Collisions," "Aerodrome Rules for 
 Taking Off and Landing," etc. 
 
 In the interest of standardization and to 
 avoid confusion and hardship to aviators and 
 air travellers it is urged that the international 
 rules of the air be adopted by states and cities 
 contemplating aerial legislation. 
 
 Flying Boats and Hydroaeroplanes Are Sub- 
 ject to Steamboat Inspection 
 Regulations 
 
 A flying boat is essentially a boat with wings, 
 a hydroaeroplane is essentially an aeroplane 
 equipped with one or two floats instead of 
 wheels, to enable it to rise from and land on 
 water. 
 
 • The N.C. seaplanes used for the transatlantic 
 flight were of the flying boat type. They were 
 built to stand the rigors of rough seas in case 
 they were forced to land — and they did. 
 
 The N.C. 3, in command of Commander John 
 H. Towers, U.S.N., came down on the water to 
 gets its bearings during the transatlantic flight 
 and was damaged as it reached the water and 
 was unable to rise again. The rough sea began 
 to pound it and wash over it, but the flying boat 
 stood the heavy storm fairly well. The crew 
 had a hard time while the boat drifted 205 miles 
 in the storm, but it is remarkable that the boat 
 stood the pounding of the raging sea so long. 
 
 While on the water, before they start for and 
 after they land from a flight flying boats and 
 hydroaeroplanes are subject to the steamboat 
 inspection regulations. 
 
 Right of Action by Private Landowners 
 
 Against Airmen for Damage to Person 
 
 or Property, Trespass and Nuisance 
 
 A number of actions have been started during 
 the past ten years by private landowners against 
 airmen for damage to person and property, 
 trespass and nuisance. 
 
 The Courts have invariably sustained the 
 action for damages but not the action for tres- 
 pass and nuisance. 
 
 It is evident that to grant that the landown- 
 ers' right to the air space over his land extends 
 usque ad coelum would be fatal to aerial navi- 
 gation. On the other hand, to allow unre- 
 stricted flying over private property at any alti- 
 tudes would seem to violate the right of land- 
 owners. 
 
 The French Courts held that the landowners' 
 rights extend only as far as the tops of the build- 
 ings and trees and above that the air is free to 
 all. British authorities have supported this 
 doctrine in holding that the landowner's right 
 only extends to a height sufficient for the reason- 
 able employment of the land. 
 
 The British Aerial Transport Committee, 
 which gave special consideration to this subject, 
 has made the following recommendations on the 
 subject: 
 
 "Admittedly persons on land are practically power- 
 less to ensure their safety by precautionary measures 
 against damage caused by the fall of aircraft or of 
 objects carried therein. It is a matter of some doubt 
 whether under existing principles of law, persons suf- 
 fering such damage would be called on to prove an 
 affirmative case of negligence or intenlional trespass. 
 It is possible that the Courts might hold aircraft to be 
 within the class of those things which the owner keeps 
 or uses at his peril. We think it preferable that the 
 
 Notes 
 
106 
 
 TEXTBOOK OF AERIAL LAWS 
 
 principles applicable should be defined by legislation 
 rather than that they should be left for solution by a 
 series of judicial decisions ; we think, too, that as far 
 as damage done by aircraft is concerned, the depriva- 
 tion of the landowner of what is almost certainly an 
 existing right of property should be compensated by 
 what will be in effect an insurance of himself and his 
 property against such damage. Nor do we think that 
 in practice the expense of insuring himself against 
 third party risks will prove very burdensome to the 
 owner of aircraft. 
 
 "As affecting the question of nuisance or trespass to 
 the property of the landowner in the air space above 
 his land, we have given careful consideration to the 
 possibility of defining some altitude, flying below which 
 would involve a civil liability on the owner of aircraft. 
 We have come to the conclusion that to attempt to pre- 
 scribe any such altitude is impracticable, and that" it 
 will be sufficient to protect the landowner by giving 
 him a specific right of action for damages for actual 
 nuisance created in breach of flying regulations. 
 Since nuisances from aircraft are most likely to arise 
 in connection with the ascent from and landing at aero- 
 dromes, we recommend that special attention should 
 be paid to the flying regulations applicable to such 
 ascent and landing." 
 
 The Committee thinks that the following rec- 
 ommendations would give reasonable protection 
 or compensation to landowners and, on the 
 other hand, impose on aviators no obligation 
 which could not be covered by insurance at 
 reasonable rates, and so avoid hampering the 
 development of civil aeronautics. The Com- 
 
 mittee therefore recommended that the Bill 
 should provide as follows: 
 
 "(a) No action for trespass should lie except for 
 material damage to person or property, whether 
 caused by flight, 'ascent or landing or the fall of objects 
 from aircraft. 
 
 "(b) That this right of action for trespass should 
 include one for injury caused by the assembly of per- 
 sons on the landing or ascent of aircraft elsewhere 
 than at authorized aerodromes or landing places. 
 
 "(c) That the obligation of an aviator in an action 
 for trespass should be absolute, negligence not being a 
 necessary element in his liability and 'unavoidable ac- 
 cident' no defense. 
 
 "(d) That an action for nuisance should lie for 
 damages only, and then only if breach of flying regula- 
 tions are proved as well as actual nuisance. 
 
 "(e) That special flying regulations should be made 
 in connection with the ascent and landing from or at 
 authorized areodromes and landing places, and for the 
 area around the aerodrome or landing place over 
 which aircraft must necessarily be at low altitudes. 
 Nuisance and injury to the value of property caused 
 by the existence of aerodromes and landing places are 
 met by paragraph 10 of this report. 
 
 "(f) That the power of seizure and detention pro- 
 posed in Clause 12 should be limited to what is neces- 
 sary to establish the identity of the aviator and his 
 aircraft. 
 
 "Reasonable apprehensions may be entertained of 
 nuisance being caused by the frequent flight of aircraft 
 at low altitudes along regular routes, but the Com- 
 mittee are not in a position at present to make any 
 recommendations as to limitations of altitude being 
 prescribed by regulations." 
 
 Notes 
 
INSURANCE OF PERSON AND PROPERTY FROM AIRCRAFT DAMAGE IN 
 
 WAR AND PEACE 
 
 In the report of the British Aerial Transport 
 Committee is found the following recommenda- 
 tion: 
 
 "Admittedly persons on land are practically power- 
 less to ensure their own safety by precautionary meas- 
 ures against damage caused by the fall of aircraft or 
 of objects carried therein. It is a matter of some 
 doubt whether under existing principles of law per- 
 sons suffering such damage would be called upon to 
 prove an affirmative case of negligence or intentional 
 trespass. It is possible that the Courts might hold 
 aircraft to be within the class of those things which 
 the owner keeps or uses at his peril. We think it 
 preferable that the principles applicable should be de- 
 fined by legislation rather than that they should be 
 left for solution by a series of judicial decisions; we 
 think, too, that as far as damage done by aircraft is 
 concerned the deprivation of the landowner of what is 
 almost certainly an existing right of property should 
 be compensated by what will be in effect an insurance 
 of himself and his property against such damage. Nor 
 do we think that in practice the expense of insuring 
 himself against third party risks will prove very bur- 
 densome to the owner of aircraft." 
 
 The subject of insurance of person and prop- 
 erty from aircraft damage is new, but the 
 principle was tried in Great Britain during 
 the war. Following is the statement which 
 Mr. Runciman, President of the British Board 
 of Trade, made in the House of Commons in 
 July, 1915, announcing the Government Insur- 
 ance Plan : 
 
 On June 21st I appointed a Committee consisting of 
 the following gentlemen: Mr. Frederick Huth Jack- 
 
 son, Sir Raymond Beck, Mr. Cuthbert Heath, Mr. 
 
 Roger Owen, and Sir Gerald Ryan, 
 
 to consider, without prejudice to the question of 
 policy, whether a scheme can be devised to cover 
 loss and damage by bombardment and aircraft in 
 so far as such loss and damage are not covered by 
 the terms of the ordinary fire insurance policy. 
 Any scheme prepared must be on the basis of rea- 
 sonable contribution being paid by the owners of 
 property insured towards the cost of insurance. 
 
 The Committee have now formulated a scheme which 
 the Government are prepared to adopt. The Com- 
 mittee found that the best practicable method of deal- 
 ing with the problem would be to invoke the assistance 
 of the fire insurance companies. They accordingly 
 approached a number of the large fire insurance com- 
 panies, and as the result of their inquiries they based 
 their report on the assumption that a sufficient number 
 of fire insurance companies would be prepared to act 
 as agents for the Government in the issuing of policies 
 and the collection of premiums, and in the initial pro- 
 ceedings in connection with loss assessments. 
 
 They reported that it would also be necessary to 
 establish a special State Insurance Office to supple- 
 ment the work of the fire offices which act as agents for 
 the Government. 
 
 Nature of Risks Covered 
 
 The scheme would cover loss and damage to the 
 property insured (with the exception of deterioration, 
 loss of market, or loss of profit) caused directly or in- 
 directly by aircraft or bombardment in so far as the 
 loss or damage would not be covered by an ordinary 
 fire policy containing a clause in the following words : 
 This policy does not cover loss or damage, occa- 
 sioned by or happening through invasion, foreign 
 enemy, riot, civil commotion, or military or usurped 
 power. 
 
 Notes 
 
 107 
 
108 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Rent may be insured as well as specific loss or dam- 
 age to property. 
 
 Insurance against bombardment is optional. Two 
 policies have been drawn up, one against aircraft risks 
 only ; the other against aircraft and bombardment 
 risks. The terms of these policies are shown in 
 Schedules 1 and 2 of the report which will shortly be 
 circulated. 
 
 The insurance of goods on board ship would not be 
 covered under the scheme, nor would ships on the slips. 
 
 In the case of bombardment, the cover is limited to 
 bombardment by hostile guns not landed on British 
 territory. 
 
 Co-operation of Insurance Companies 
 
 It is proposed that the State should enter into an 
 agreement with any approved fire insurance company, 
 authorising the company to issue policies on behalf of 
 the State, and to collect the premium thereon. 
 
 The principle of the arrangement is that persons 
 insured against fire in an approved company can 
 take out through the same company a policy against 
 aircraft and bombardment. 
 
 A remuneration of 10 per cent, on the gross pre- 
 miums would be paid to the companies to cover all ex- 
 penses connected with the issue of the policies, the col- 
 lection of premiums, and the expenses of the initial 
 proceedings in connection with the adjustment of 
 claims, with the exception of the assessors' fees, which 
 would be paid by the Government. 
 
 All claims to be finally settled and paid in cash 
 by the State Insurance Office within thirty days of the 
 adjustment of the claim. 
 
 The accounts between the Government and the com- 
 panies to be settled monthly. 
 
 Any company which elects to act as agent for the 
 Government may not accept risks on its own account. 
 
 The State office will insure property which is insured 
 against -fire, elsewhere than with the approved com- 
 panies acting as agents for the Government, and it 
 will also insure property which is not insured against 
 fire at ail, and also the property of the persons who 
 elect to deal direct with the State Insurance Office. 
 
 The office will be under the administration of a 
 
 Committee of Experts, including representatives of 
 Lloyd's, fire insurance offices, and the Government. 
 
 In addition to issuing policies of insurance, the 
 State office will receive the monthly accounts from the 
 approved insurance companies, and will finally settle 
 and pay all claims. 
 
 The State office will not accept reinsurances. 
 
 Premium Rates 
 
 The rates to be charged will be the same for all dis- 
 tricts, and are as follows : — 
 
 
 u 
 
 % § 
 ^ 
 "a =" 
 to C3 
 
 < s 
 
 Against Air- 
 craft and 
 Bo mbard- 
 ment. 
 
 1. Building, rent, and contents of private 
 
 dwelling houses and buildings in which 
 no trade or manufacture is carried on . 
 
 2. All other buildings and their rents .... 
 
 3. Farming stocks (live and dead) 
 
 4. Contents of all buildings other than 
 
 J. d. 
 
 3 
 3 
 3 
 
 5 
 
 "7 6 
 
 ». d. 
 
 3 
 
 4 6 
 4 6 
 
 7 
 
 5. (A) Merchandise at docks and public 
 wharves in carrier's and canal whare- 
 houses and yards, in public mercantile 
 storage warehouses and in transit by 
 rail 
 
 (B) Timber in the open 
 
 (C) Mineral oil tanks and stores whole- 
 sale 
 
 10 
 
 N.B. — (1) Insurance under Class 5 may be ac- 
 cepted for short periods at the following rates : 
 
 Six months — Three-fourths of the annual pre- 
 mium. 
 Three months — One-half of the annual premium. 
 One month — One-quarter of the annual premium. 
 
 All the other rates are for twelve calendar months or 
 any shorter period. 
 
 N.B. — (2) Buildings, rent, and contents must be 
 specified separately. 
 
 I am inviting some fifty of the larger fire insurance 
 companies to co-operate with us in working this scheme 
 by acting as agents for the Government, and if as I 
 hope and expect this invitation is accepted, it should 
 be possible to commence the scheme at the beginning of 
 next week. 
 
 Notes 
 
This Policy provides indemnity for loss of life, limb, sight and time, 
 
 caused by accidental bodily injuries, including aviation 
 
 accidents, to the extent herein provided 
 
 Insures women for death, sight and dismemberment iossea oniy 
 AVIATION ACCIDENT TICKET POLICY 
 
 ^fit tlTrabelers! Sngurance Companp 
 
 HARTFORD, CONNECTICUT 
 
 HEREBY INSURES the person whose name is written upon the stub of this ticket policy 
 in the possession of the Company bearing even number and date herewith, and signed to 
 fhe application endorsed hereon, against bodily injuries effected during the term of this 
 insurance solely by external, violent and accidental means, including injuries sustained 
 by the Insured through means as aforesaid, while in any vehicle or 
 mechanical device for aerial navigation, or in falling therefrom or there- 
 with, or while preparing or supervising the preparation of any such 
 vehicle or device for operation, ascension or descension or while operat- 
 ing, or handling any such vehicle or'device, subject to the conditions 
 and limitations herein contained: 
 
 a. If such injuries shall independently of all other causes result in death 
 within ninety days from the date of accident, the Company will pay in' 
 lieu of any other indemnity $3,000 to the executors, adminiBtrato'rs or 
 assigns of the Insured, or b. If such injuries independently of att other 
 causes shall within ninety days from the date of accident result in the loss of both 
 hands or both feet or one hand and one foot by severance at or above the wrist or 
 ankle joints, or in the entire and irrecoverable loss of sight of both eyes, the 
 Company will pay the insured in lieu of any other indemnity $3,000, or c. If such 
 injuries independently of all other causes shall within ninety days from the date of ac- 
 cident result in the loss nf either hand or foot at or above wrist or ankle joint, or in the 
 entire and Irrecoverable loss of sight of one eye, the Company will pay the Insured in 
 lieu of any other indemnity $2,500. d. If the Insured be a male and such injuries do 
 not result in a loss covered by Clause & or b or c, for the period 'commencing with the 
 date of accident, not exceeding two hundred consecutive wcckfi, during which he shall 
 be continuously and wholly disabled by such injuries independently of all other causes, 
 from performing every duty pertaining to his business or occupation, the Company will 
 pay to him $23.00 a week. or. for the period not exceeding twenty-six consecutive weeks, 
 commencing with the date of accident or immediately following period of total disability, 
 during which he shall be continuously and wholly disabled by such injuries from per- 
 forming one or more important daily duties pertaining to his occupation, the Company 
 will pay to him $12.30 a week. In no case shull the indemnity payable for total and 
 partial disability combined exceed two hundred weeks, 
 
 STANDARD PROVISIONS. I. This policy includes the endorsements and at- 
 tached papers, if any, and contains the entire contract of insurance. No reduction shall 
 be made in any indemnity herein provided by reason of change in the occupation of the 
 insured or by reason of his doing any act or thing pertaining to any other occupation. 
 2. No statement made Uy the applicant for insurance not included herein shall avoid the 
 policy or be used in any legal proceeding hereunder. No agent has authority to change 
 this policy or to waive any of its provisions. No change in this poli>:y shall be valid un- 
 less approved by an executive officer of the Company and such approval be endorsed 
 hereon. 3. If default be made in tfie payment of the agreed premium for this Policy, 
 the subsequent acceptance of a premium by the Company or by any of Its duly authorized 
 agents shall reinstate the policy, but only to cover loss resulting from accidental injury 
 thereafter sustained. 4. Written notice of injury on which claim may be based must 
 be given to the Company within twenty days after the date of the accident causing such 
 injury. In event of accidental death immediate notice thereof must be given to the 
 Company. 5. Such notice given by or in behalf of the Insured or Beneficiary, as the 
 case may be. to the Company at 700 Main Street. Hartford, Connecticut, or to any 
 authorised agent of the Company, with particulars sufficient to identify the Insured, 
 shall be deemed to be notice to the Company. Failure to give notice within the time 
 provided in this policy shall not invalidate any claim if it shall be :-hown not to have been 
 rca'sonably possible to give such notice and that notice was given as soon as was reason- 
 ably possible, 6. The Company upon receipt of such notice will furnish to the claimant 
 such forms are* usually furnished by it for filing proofs of loss. If such forms are 
 not so furnished within fifteen days after the receipt of such notice, the claimant shall 
 be deemed to have complied v^ith the requirements of this policy as to proof of 
 loss upon submitting within the time fixed in the policy for filing proofs of loss, written 
 proof covering the occurrence, character and extent of the loss 
 
 J for lAhich claim is made. 7. Affirmative proof of loss must 
 
 ^ o be furnished to the Company at its said office In case of claim 
 J5" S, for loss of time from disability within ninety days after the 
 termination of the period for which the Company is liable, and 
 in case of claim for any other toss, within ninety days after 
 the date of such loss. 8. The Company shall have the right 
 and opportunity to examine the person of the insured when and 
 so often as it may reasonably require during the pendency of 
 claim hereunder, and also the right and opportunity to make 
 
 Ian autopsy in case of death where it is not forbidden by law. 9. All indemnitiet 
 Iprovided in ihis Policy for loss other than that of time <si account oi disability 
 will be paid immediately after receipt of due proof. 10. Upon request of the insui^ 
 and subject to due proof of loss all accrued indemnity for lou of time on account of 
 disability will be paid at the expiration of each four weeks during the continuance of 
 the period for which the Company is liable, and any balance remaining unpaid at the 
 termination of such period will be paid Immediately upon receipt of due proof. II. 
 Indemnity for loss of life of the insured is payable to the Beneficiary if surviving the 
 Insured, and otherwise to the estate of the Insured. All other indemnities of this policy 
 are payable to the Insured. 12. If the Insured shall at any time change his occupation 
 to one classified by the Company as less hazardous than ^at stated in the policy, the 
 Company, upon written request of the Insured and surrender of the policy, will cancel 
 the same and will return to the Insured the unearned premium. 13. Consent of the 
 Beneficiary shall not be requisite to surrender or assignment of this policy, or to change 
 of Beneficiary, or to any other changes in the policy. 14. No action at law or in equity 
 shall be brought to recover on thispolicy prior to the expiration of sixty days after proof 
 of loss has been filed in accordance with the requirements of this policy, nor shall such 
 action be brought at all unless brought within two years from the expiration of the time 
 within which proof of loss is required by the policy. 13. If any time limitation of this 
 policy with respect to giving notice of claim or furnishing proof of loss is less than that 
 permitted by the law of the state in which the Insured resides at the time this policy is 
 issued, such limitation is hereby extended to agree with the minimum period permitted 
 by such law. 20. The insurance under this policy shall not cover any person under the 
 age of eighteen years nor over the age of sixty-five years. Any premium paid to the 
 Company for any period not covered by this policy will be returned upon request. 
 
 ADDITIONAL PROVISIONS: e. The insurance hereunder shall be 
 void as to persons maimed, crippled or deformed, or bereft of reason, sight 
 or hearing, and the Company will return on demand to any such person, his 
 or her executors, administrators or assigns, the premium paid therefor, f. 
 This insurance shall not cover injuries sustained by the Insured while riding 
 in or operating any vehicle or mechanical device for aerial navigation while 
 such vehicle or mechanical device is flown, driven or manipulated in any 
 way or for any purpose contrary to law, or in any race, or speed, endurance, or 
 altitude test, or public exhibition flight, or in aerial acrobatic, or trick or stunt 
 flying, or for testing, or instruction, or for war or militaiy purposes, g. 
 This insurance covers only injuries sustained within the limits of tiie United 
 States and Canada in North America, south of the sixtieth degree of North 
 Latitude, and not exceeding ten miles at sea from the coastline of either 
 country, h. This insurance shall not cover accident, injury, disability, or 
 death, resulting wholly or partly, from any of the following, to wit: disease 
 in any form, fits, vertigo, sunstroke, firearms, fighting, war or riot, nor shall 
 this insurance cover suicide, sane or insane, or injuries, fatal or non-fatal^ 
 sustained by the Insured while insane or intoxicate^ while violating law, re- 
 sisting arrest or fleeing from justice, i. Insurance on any person under 
 ticlcet policies in this Company is limited to the principal sum of SS,000 in- 
 demnity for injuries resulting in death, and $25.00 weekly indemnity for 
 wholly disabling injuries; the Company will return on demand to the In- 
 sured or to his or her executors, adminis^ators or assigns, all premiums paid 
 for ticket policies in excess thereof. No provision of the charter, consti- 
 tution or by-laws of the Company shall avoid the insurance hereunder or be 
 used in evidence or defence of any claim arising under this policy, j. The 
 insurance hereunder shall be in force from the date and hour stamped or 
 written hereon until 4:00 A.M. of the day following. The premium for this 
 insurance for passengers in aeroplanes is $5,00 for men, $4.00 for women; 
 for pilots of aeroplanes $10.00 for men, $8.00 for women. 
 
 IN WITNESS WHEREOF, The Travelers Insurance Company has 
 caused this Ticket policy to be signed by its President and Secretary, but the 
 policy shall not be binding upon the Company unless the application form 
 endorsed hereon is completed and signed by the Insured. 
 
 S*crttory. 
 APPLICATION: I hereby apply for policy to be based on the following statements: 
 
 What is your age? ^0 y^^Q^,^ Sex? 
 
 Will you ride In aeroplane fs pass) 
 j(i97 What is your full name? 
 
 
 ^Pt^^^-'-^-z^C ^4^ ^/2c<>^<»'*-^'^it.^?>^ / 
 
 Reproduction of the first aero insurance policy issued in tlie United States. It was issued at Atlantic City, N. J., during the 
 Second Pan-American Aeronautic Congress to Mr. Alan R. Hawley, then president of the Aero Club of America. 
 
 Face p. 108 
 
Joy-riding in the air, a form of aerial acrobacv wliich is spectacular but which will subject those whc indulge in it to prose- 
 cution and cause the cancellation of insurance policies. 
 
 Face p. 109 
 
TEXTBOOK OF AERIAL LAWS 
 
 109 
 
 It is not proposed to limit the scheme necessarily to 
 these fifty companies. If any other fire insurance com- 
 panies would be willing to act as agents for the Gov- 
 ernment in working this scheme, and will be good 
 enough to send me their names, their application to be 
 placed on the list of approved companies for this pur- 
 pose would be welcomed and carefully considered. 
 
 Existing Policies Unaffected 
 
 Mr. Fell (U., Yarmouth) : Will Lloyd's continue 
 to issue insurances? 
 
 Mr. Lough (R., Islington, W.) : Has the right hon. 
 gentleman made any arrangement with regard to in- 
 surances already made.'' 
 
 Mr. Runciman : The Government do not propose 
 to take over any insurances already made. Lloyd's 
 will be able to conduct their business if they can at- 
 tract custom at cheaper rates than those provided by 
 the Government. 
 
 An Hon. Member: Have any arrangements been 
 made with regard to personal injuries? 
 
 Mr. Runciman: No, sir. We have not provided 
 for personal injury. 
 
 Mr. Price (R., Edinburgh, C.) : Will the right 
 hon. gentleman give the House an opportunity of con- 
 sidering these terms? Those connected with insur- 
 ance see that many of them are very absurd. 
 
 Mr. Asquith : I will consider that. 
 
 Sir W. Pearce (R., Limehouse) : Is the right hon. 
 gentleman including risks of incendiary fires by enemy 
 agents ? 
 
 Mr. Peto (U., Devizes) : How does this affect com- 
 pensation already granted from insurance premiums in 
 previous air raids or bombardments? 
 
 Mr. Runciman : In so far as compensation has al- 
 ready been granted, it obviously will not be interfered 
 with. We do not provide against incendiary fires. 
 We are only asked to provide a scheme against damage 
 done by aircraft or bombardment. 
 
 On March 1st, 1917, a reduction of 50 per 
 cent, of all premiums went into effect, subject 
 to the minimum premium not being reduced be- 
 low two shillings. 
 
 In July, 1917, the Lord Mayor of London 
 headed a deputation, which comprised, among 
 others, the Lord Mayor of York, the Mayor of 
 Tynemouth, the Mayor of Ramsgate, the Mayor 
 of Walsall, various metropolitan mayors, and 
 the chairmen of local councils and representa- 
 tives of chambers of commerce and other bodies, 
 from the Committee on War Damage, repre- 
 senting 718 municipalities with a population of 
 over 28,000,000, which waited upon the Premier 
 to put forward their case for the State assuming 
 liability for damage done by aircraft raids to 
 life or. property. The Premier was accom- 
 panied by Dr. Addison (the Minister of jSIuni- 
 tions) and Sir David Henderson (Director of 
 the Air Service) . Gen. Smuts was also pres- 
 ent. 
 
 The Lord Mayor of London, in introducing 
 the deputation, said they desired to urge upon 
 the Government the necessity of providing, out 
 of national funds, compensation to those who 
 had suffered damage from the air and other at- 
 tacks of the enemy. 
 
 The Lord Mayor of York urged that the 
 Government should accept full and unqualified 
 responsibility for damage and injury arising 
 out of the defence of the country as the authori- 
 ties did in the case of riot. 
 
 The Premier asked if he could be told some-' 
 thing about the scheme, and not the general 
 principles. Why was the present scheme not 
 adequate? That was what he really wanted to 
 know. 
 
 The Mayors of Walsall and Ramsgate then 
 spoke as to the damage done in their areas, and 
 stated that the scheme was not adequate for 
 
 Notes 
 
110 
 
 TEXTBOOK OF AERIAL LAWS 
 
 them. They were followed by the Mayor of 
 Tynemouth. 
 
 The Prime Minister, replying to the deputa- 
 tion, said : "You have presented your case with 
 great moderation, and with great force. You 
 represent towns, some of which have sustained 
 a good deal of damage through these insensate 
 and barbarous raids. There is at the present 
 moment, I understand, an insurance scheme on 
 fairly generous and liberal lines for dealing with 
 this problem, but I am not sure that it is com- 
 pletely applicable to the facts of the case, for 
 many reasons. First of all, there is always a 
 difficulty in making such schemes known to 
 smaller people, and it is not always that they can 
 protect themselves against such attacks. There 
 are not merely tradesmen and factory owners 
 and owners of big properties who are suffering, 
 but there are poor people who have got their all 
 destroyed in these air raids, and it is just as im- 
 portant to them as the great factories must be 
 to the people who are in more prosperous condi- 
 tions, and they are just as entitled to protection. 
 
 "I am not sure that it is always a complete 
 answer to them to say, 'You could have insured 
 under some scheme.' It takes a long time, as 
 any one of you who is acquainted with insur- 
 ance companies knows, to bring the benefits of 
 insurance to every class. You want an army of, 
 agents and an army of persuasive tongues. We 
 have no time for that sort of thing in this war. 
 I think myself that in principle j'^ou have cer- 
 tainly made out a case. I should like to con- 
 sider the details carefully, and my suggestion 
 to you is that you appoint, say, two or three, at 
 the outside, of your number, to be in communi- 
 cation with me or any particular department or 
 
 departments in the Cabinet who are ordered to 
 deal with the question, for further consultation. 
 The French Government had given a general 
 pledge that the devastated areas should be re- 
 stored. The devastation there is on a more 
 wholesale and a more deplorable scale, and the 
 losses inflicted are terrible. The burden which 
 rests on the French Government will be all the 
 greater. But whether great or small, the prin- 
 ciple is the same. We must protect our people 
 as far as we can against the consequences of 
 these barbarities, and we ought to do so without 
 distinction of rich or poor. Therefore, in prin- 
 ciple, I accept the case you have put before me 
 on behalf of the Government, but I should like 
 to consider the details further, and I invite you 
 to meet and give me the names of three of your 
 number with whom I can have further consulta- 
 tion." 
 
 In March, 1919, in the British House of Com- 
 mons two M. P.'s, Mr. Kennedy Jones and Sir 
 Herbert Nield, raised the question of aircraft 
 and bombardment insurance. Mr. Bridgeman 
 for the Government, informed the former that 
 the moneys resulting from aircraft insurance in 
 the hands of the various insurance companies 
 who, on behalf of the Government, effected air- 
 craft insurance were purely nominal, as they had 
 been regularly paid over to the Government in 
 monthly accounts in accordance with agreement. 
 The excess of premium over payments, which 
 amounted to over ten millions, has, of course, 
 gone into the National Exchequer. To Sir 
 Herbert Nield he rephed that the War Risks 
 Insurance Office could not state the aggregate 
 sum received for premiums on Government in- 
 surance against damage by hostile aircraft and 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 111 
 
 bombardment which were current when the 
 Armistice was signed, nor what portion of this 
 sum represented the unexpired periods of in- 
 surance. The risk, he added, had not ceased to 
 attach with the signing of the Armistice, as air- 
 craft policies still in force cover the risk of dam- 
 age by aircraft of the Royal Air Force, and air- 
 craft and bombardment policies cover, in addi- 
 tion, the risk of damage by the explosion of 
 mines which drift on the coast. 
 
 In December, 1918, appeared the following 
 item in an English publication: 
 
 A Damaged Church 
 
 All Saints' Church, St. Ives, Huntingdon, was se- 
 riously damaged last March by a British aeroplane 
 colliding with the spire. The spire was cut in half, 
 and two portions of it fell into the north and south 
 aisles, causing great gaps in the roof and much inter- 
 nal damage. The aviator was killed. 
 
 The Government will pay £3,873 towards the cost of 
 repairing the church, leaving £3,216 to be provided. 
 As there is a population of only 3,015 the vicar, the 
 Rev. 0. W. Wilde, and the churchwardens appeal to 
 the public for aid in restoring the beautiful fifteenth 
 century building. 
 
 In August, 1919, in the House of Commons, 
 Sir H. Nield, M. P., asked the President of the 
 
 Board of Trade whether the existing and cur- 
 rent policies issued under the Government 
 scheme of insurance against damage by aircraft 
 entitled the holders to be indemnified against 
 damage done by Government-owned aircraft 
 exercised and controlled by members of the 
 Royal Air Force or other Services of the Crown 
 and by civilian-owned aircraft. 
 
 Mr. Bridgeman answered: Damage caused 
 by aircraft employed by the British Govern- 
 ment is covered under the Government Aircraft 
 Policy, but damage consequent upon the use of 
 aircraft other than those under Government con- 
 trol or ownership is not so covered. 
 
 Aircraft Damage in United States 
 
 Damages done by military aircraft in the 
 United States have been paid by the Govern- 
 ment. Damages done by aviators in the em- 
 ploy of companies have been paid by the com- 
 panies. 
 
 The Aero Protective Association, Inc., of 
 New York, was pioneer in putting into effect 
 aircraft insurance to cover all kinds of damages. 
 The premiimis for third party damage are suffi- 
 ciently low to permit aviators to carry this kind 
 of insurance. 
 
 Notes 
 
AERIAL LAWS WHICH CONFLICT WITH THE CONSTITUTION OF THE 
 
 UNITED STATES 
 
 On a number of occasions aerial laws have 
 been proposed in the United States which would 
 conflict with the spirit of the Constitution of the 
 United States. Some of the provisions of the 
 British Aerial Navigation Act of 1919 would, 
 if adopted by the United States and applied at 
 date of writing by some of the officials, conflict 
 with clause 6 of Section 9 of Article I of the 
 Constitution. 
 
 The enforcement of clauses 1, 3, and 10 of 
 Section 8, Article I, of the Constitution will 
 force Congress to enact extensive aerial 
 laws and provide means for' enforcing these 
 laws. 
 
 The Constitution of the United States is 
 printed herewith for the convenience of law- 
 makers and students. 
 
 Constitution of the United States 
 
 The Constitution originally consisted of a Pre- 
 amble and seven Articles, and in that form was "Done 
 in Convention by the Unanimous Consent of the States 
 present the Seventeenth Day of September in the 
 Year of our Lord one thousand seven hundred and 
 Eighty seven and of the Independence of the United 
 States of America the Twelfth." The Constitution 
 was declared in effect on the first Wednesday in 
 March, 1789. The signers of the original Constitu- 
 tion, by virtue of their membership in Congress, were : 
 
 Go. WASHINGTON, Presidt. and deputy from 
 Virginia. New Hampshire — John Langdon, Nicho- 
 las Gilman. Massachusetts — Nathaniel Gorham, 
 Rufus King. Connecticut — Wm. Saml. Johnson, 
 Roger Sherman. New York — Alexander Hamilton. 
 
 New Jersey — Wil. Livingston, David Brearley, Wm. 
 Patterson, Jona. Dayton. Pennsylvania — B. 
 Franklin, Robt. Morris, Thos. Fitzsimons, James 
 Wilson, Thomas Mifflin, Geo. Clymer, Jared Ingersoll, 
 Gouv. Morris. Delaware — Geo. Read, John Dick- 
 inson, Jaco. Broom, Gunning Bedford jun, Richard 
 Bassett. Maryland — James McHenry, Danl. Car- 
 roll, Dan. of St. Thos. Jenifer. Virginia — John 
 Blair, James Madison, Jr. North Carolina — Wm. 
 Blount, Hu. Williamson, Richd. Dobbs Spaight. 
 South Carolina — J. Rutledge, Charles Pinckney, 
 Charles Cotesworth Pinckney, Pierce Butler. 
 Georgia — William Few, Abr. Baldwin. Attest : Wil- 
 liam Jackson, Secretary. 
 
 The Constitution was ratified by the thirteen origi- 
 nal States in the following order: 
 
 Delaware, December 7, 1787, unanimously. 
 
 Pennsylvania, December 12, 1787, vote 46' to 23. 
 
 New Jersey, December 18, 1787, unanimously. 
 
 Georgia, January 2, 1788, unanimously. 
 
 Connecticut, January 9, 1788, vote 128 to 40. 
 
 Massachusetts, February 6, 1788, vote 187 to 168. 
 
 Maryland, April 28, 1788, vote 63 to 12. 
 
 South Carolina, May 23, 1788, vote 149 to 73. 
 
 New Hampshire, June 21, 1788, vote 57 to 46. 
 
 Virginia, June 25, 1788, vote 89 to 79. 
 
 New York, July 26, 1788, vote 30 to 28. 
 
 North Carolina, November 21, 1789, vote 193 to 75. 
 
 Rhode Island, May 29, 1790, vote 34 to 32. 
 
 The Constitution 
 Preamble 
 We, the people of the United States, in order to 
 form a more perfect Union, estabhsh justice, insure 
 domestic tranquility, provide for the common defence, 
 promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain 
 and establish this Constitution for the United States 
 of America. 
 
 Notes 
 
 112 
 
TEXTBOOK OF AERIAL LAWS 
 
 113 
 
 ARTICLE I. 
 
 Section 1 — (Legislative powers ; in whom vested.) 
 
 All legislative powers herein granted shall be vested 
 in a Congress of the United States, which shall con- 
 sist of a Senate and House of Representatives. 
 
 Section 2 — (House of Representatives, how 
 and by whom chosen. Qualifications of a Rep- 
 resentative. Representatives and direct taxes, 
 how apportioned. Enumeration. Vacancies to 
 be filled. Power of choosing officers, and of im- 
 peachment.) 
 
 1. The House of Representatives shall be composed 
 of members chosen every second year by the people of 
 the several States, and the electors in each State shall 
 have the qualifications requisite for electors of the 
 most numerous branch of the State Legislature. 
 
 2. No person shall be a Representative who shall not 
 have attained to the age of twenty-five years, and been 
 seven years a citizen of the United States, and who 
 shall not, when elected, be an inhabitant of that State 
 in which he shall be chosen. 
 
 3. Representatives and direct taxes shall be ap- 
 portioned among the several States which may be in- 
 cluded within this Union according to their respective 
 numbers, which shall be determined by adding to the 
 whole number of free persons, including those bound to 
 service for a term of years, and excluding Indians not 
 taxed, three-fifths of all other persons. The actual 
 enumeration shall be made within three years after the 
 first meeting of the Congress of the United States, and 
 within every subsequent term of ten years, in such 
 manner as they shall by law direct. The number of 
 Representatives shall not exceed one for every thirty 
 thousand, but each State shall have at least one Repre- 
 sentative ; and until such enumeration shall be made, 
 the State of New Hampshire shall be entitled to choose 
 3; Massachusetts, 8; Rhode Island and Providence 
 Plantations, 1 ; Connecticut, 5 ; New York, 6 ; New 
 Jersey, 4 ; Pennsylvania, 8 ; Delaware, 1 ; Maryland, 6 ; 
 Virginia, 10; North Carolina, 5; South Carolina, 5, 
 and Georgia, 3.* 
 
 4. When vacancies happen in the representation 
 * See Article XIV., Amendments. 
 
 from any State, the Executive Authority thereof shall 
 issue writs of election to fill such vacancies. 
 
 6. The House of Representatives shall choose their 
 Speaker and other officers, and shall have the sole 
 power of impeachment. 
 
 Section 3— (Senators, how and by whom 
 chosen. How classified. State Executive, when 
 to make temporary appointments, in case, etc. 
 Qualifications of a Senator. President of the 
 Senate, his right to vote. President pro tem., 
 and other officers of the Senate, how chosen. 
 Power to try impeachments. When President is 
 tried, Chief Justice to preside. Sentence.) 
 
 1. The Senate of the United States shall be com- 
 posed of two Senators from each State, chosen by the 
 Legislature thereof, for six years ; and each Senator 
 shall have one vote. 
 
 2. Immediately after they shall be assembled in 
 consequence of the first election, they shall be divided 
 as equally as may be into three classes. The seats of 
 the Senators of the first class shall be vacated at the 
 expiration of the second year, of the second class at 
 the expiration of the fourth year, and of the third 
 class at the expiration of the sixth year, so that one- 
 third may be chosen every second year ; and if vacan- 
 cies happen by resignation, or otherwise, during the 
 recess of the Legislature of any State, the Executive 
 thereof may make temporary appointment until the 
 next meeting of the Legislature, which shall then fill 
 such vacancies. 
 
 3. No person shall be a Senator who shall not have 
 attained to the age of thirty years, and been nine 
 years a citizen of the United States, and who shall not, 
 when elected, be an inhabitant of that State for which 
 he shall be chosen. 
 
 4. The Vice-President of the United States shall be 
 President of the Senate, but shall have no vote unless 
 they be equally divided. 
 
 5. The Senate shall choose their other officers, and 
 also a President pro tempore, in the absence of the 
 Vice-President, or when he shall exercise the office of 
 President of the United States. 
 
 6. The Senate shall have the sole power to try all 
 impeachments. When sitting for that purpose, they 
 
 Notes 
 
114 
 
 TEXTBOOK OF AERIAL LAWS 
 
 shall be on oath or affirmation. When the President 
 of the United States is tried, the Chief Justice shall 
 preside ; and no person shall be convicted without the 
 concurrence of two-thirds of the members present. 
 
 7. Judgment of cases of impeachment shall not ex- 
 tend further than removal from office, and disqualifica- 
 tion to hold and enjoy any office of honor, trust, or 
 profit under the United States ; but the party convicted 
 shall nevertheless be liable and subject to indictment, 
 trial, judgment, and punishment, according to law. 
 
 Section 4 — (Times, etc., of holding elections, 
 how prescribed. One Session in each year.) 
 
 1. The times, places, and manner of holding elec- 
 tions for Senators and Representatives shall be pre- 
 scribed in each State by the Legislature thereof; but 
 the Congress may at any time by law make or alter 
 such regulations, except as to places of choosing Sena- 
 tors. 
 
 2. The Congress shall assemble at least once in 
 every year, and such meeting shall be on the first Mon- 
 day in December, unless they shall by law appoint a 
 different day. 
 
 Section 5 — (Membership. Quorum. Ad- 
 journments. Rules. Power to punish or expel. 
 Journal. Time of adjournments, how limited, 
 etc.) 
 
 1. Each House shall be the judge of the elections, 
 returns, and qualifications of its own members, and a 
 majority of each shall constitute a quorum to do busi- 
 ness ; but a smaller number may adjourn from day to 
 day, and may be authorized to compel the attendance 
 of absent members in such manner and under such 
 penalties as each House may provide. 
 
 2. Each House may determine the rules of its pro- 
 ceedings, punish its members for disorderly behavior, 
 and with the concurrence of two-thirds expel a mem- 
 ber. 
 
 3. Each House shall keep a journal of its proceed- 
 ings, and from time to time publish the same, excepting 
 such parts as may in their judgment require secrecy; 
 and the yeas and nays of the members of either House 
 on any question shall, at the desire of one-fifth of those 
 present, be entered on the journal. 
 
 4. Neither House, during the session of Congress, 
 
 shall, without the consent of the other, adjourn for 
 more than three days, nor to any other place than 
 that in which the two Houses shall be sitting. 
 
 Section 6 — (Compensation. Privileges. Dis- 
 qualification in certain cases.) 
 
 1. The Senators and Representatives shall receive a 
 compensation for their services, to be ascertained by 
 law, and paid out of the Treasury of the United States. 
 They shall in all cases, except treason, felony, and 
 breach of the peace, be privileged from arrest during 
 their attendance at the session of their respective 
 Houses, and in going to and returning from the same ; 
 and for any speech or debate in either House they 
 shall not be questioned in any other place. 
 
 2. No Senator or Representative shall, during the 
 time for which he was elected, be appointed to any 
 civil office under the authority of the United States 
 which shall have been created, or the emoluments 
 whereof shall have been increased during such time ; 
 and no person holding any office under the United 
 States shall be a member of either House during his 
 continuance in office. 
 
 Section 1 — (House to originate all revenue 
 bills. Veto. Bill may be passed by two-thirds 
 of each House, notwithstanding, etc. Bill, not 
 returned in ten days, to become a law. Provi- 
 sions as to orders, concurrent resolutions, etc.) 
 
 1. All bills for raising revenue shall originate in the 
 House of Representatives, but the Senate may propose 
 or concur with amendments, as on other bills. 
 
 2. Every bill which shall have passed the House of 
 Representatives and the Senate shall, before it be- 
 comes a law, be presented to the President of the United 
 States ; if he approve, he shall sign it, but if not, he 
 shall return it, with his objections, to that House in 
 which it shall have originated, who shall enter the ob- 
 jections at large on their journal, and proceed to re- 
 consider it. If after such reconsideration two-thirds 
 of that House shall agree to pass the bill, it shall be 
 sent, together with the objections, to the other House, 
 by which it shall likewise be reconsidered; and if ap- 
 proved by two-thirds of that House it shall become a 
 law. But in all such cases the votes of both Houses 
 shall be determined by yeas and nays, and the names 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 115 
 
 of the persons voting for and against the bill shall be 
 entered on the journal of each House respectively. If 
 any bill shall not be returned by the President within 
 ten days (Sundays excepted) after it shall have been 
 presented to him, the same shall be a law in like man- 
 ner as if he had signed it, unless the Congress by their 
 adjournment prevent its return; in which case it shall 
 not be a law. 
 
 3. Every order, resolution, or vote to which the con- 
 currence of the Senate and House of Representatives 
 may be necessary (except on a question of adjourn- 
 ment) shall be presented to the President of the United 
 States ; and before the same shall take effect shall be 
 approved by him, or being disapproved by him, shall 
 be repassed by two-thirds of the Senate and the House 
 of Representatives, according to the rules and limita- 
 tions prescribed in the case of a bill. 
 
 Section 8— (Powers of Congress.) 
 
 1. The Congress shall have power: 
 
 To lay and collect taxes, duties, imposts, and ex- 
 cises, to pay the debts and provide for the common de- 
 fence and general welfare of the United States ; but all 
 duties, imposts, and excises shall be uniform through- 
 out the United States. 
 
 2. To borrow money on the credit of the United 
 States. 
 
 3. To regulate commerce with foreign nations, and 
 among the several States, and with the Indian tribes. 
 
 4. To establish an uniform rule of naturalization 
 and uniform laws on the subject of bankruptcies 
 throughout the United States. 
 
 5. To coin money, regulate the value thereof, and 
 of foreign coin, and fix the standard of weights and 
 measures. 
 
 6. To provide for the punishment of counterfeit- 
 ing the securities and current coin of the United 
 States. 
 
 7- To establish post-offices and post-roads. 
 
 8. To promote the progress of science and useful 
 arts by securing for limited times to authors and in- 
 ventors the exclusive rights to their respective writings 
 and discoveries. 
 
 9. To constitute tribunals inferior to the Supreme 
 Court. 
 
 10. To define and punish piracies and felonies com- 
 
 mitted on the high seas, and offences against the law 
 of nations. 
 
 11. To declare war, grant letters of marque and 
 reprisal, and make rules concerning captures on land 
 and water. 
 
 12. To raise and support armies, but no appro- 
 priation of money to that use shall be for a longer 
 term than two years. 
 
 13. To provide and maintain a navy. 
 
 14. To make rules for the government and regula- 
 tion of the land and naval forces. 
 
 15. To provide for calling forth the militia to ex- 
 ecute the laws of the Union, suppress insurrections, 
 and repel invasions. 
 
 16. To provide for organizing, arming, and discip- 
 lining the militia, and for governing such part of them 
 as may be employed in the service of the United States, 
 reserving to the States respectively the appointment 
 of the officers, and the authority of training the militia 
 according to the discipline prescribed by Congress. 
 
 17. To exercise exclusive legislation in all cases 
 whatsoever over such district (not exceeding ten miles 
 square) as may, by cession of particular States and 
 the acceptance of Congress, become the seat of Gov- 
 ernment of the United States, and to exercise like 
 authority over all places purchased by the consent of 
 the Legislature of the State in which the same shall be, 
 for the erection of forts, magazines, arsenals, dry- 
 docks, and other needful buildings. 
 
 18. To make all laws which shall be necessary and 
 proper for carrying into execution the foregoing 
 powers, and all other powers vested by this Constitu- 
 tion in the Government of the United States, or in any 
 department or officer thereof. 
 
 Section 9 — (Provision as to migration, or im- 
 portation of certain persons. Habeas Corpus. 
 Bills of attainder, etc. Taxes, how apportioned. 
 No export duty. No commercial preference. 
 Money, how drawn from treasury, etc. No titu- 
 lar nobility. Officers not to receive presents, 
 etc.) 
 
 1. The migration or importation of such persons as 
 any of the States now existing shall think proper to 
 admit shall not be prohibited by the Congress prior to 
 the year one thousand eight hundred and eight, but a 
 
 Notes 
 
116 
 
 TEXTBOOK OF AERIAL LAWS 
 
 tax or duty may be imposed on such importation, not 
 exceeding ten dollars for each person. 
 
 2. The privilege of the writ of habeas corpus shall 
 not be suspended, unless when in cases of rebellion or 
 invasion the public safety may require it. 
 
 3. No bill of attainder or ex post ■facto law shall be 
 passed. 
 
 4. No capitation or other direct tax shall be laid, 
 unless in proportion to the census or enumeration 
 hereinbefore directed to be taken. 
 
 5. No tax or duty shall be laid on articles exported 
 from any State. 
 
 6. No preference shall be given by any regulation 
 of commerce or revenue to the ports of one State over 
 those of another, nor shall vessels bound to or from one 
 State be obliged to enter, clear, or pay duties in an- 
 other. 
 
 7. No money shall be drawn from the Treasury but 
 in consequence of appropriations made by law; and a 
 regular statement and account of the receipts and ex- 
 penditures of all public money shall be published from 
 time to time. 
 
 8. No title of nobility shall be granted by the 
 United States. And no person holding any office of 
 profit or trust under them shall, without the consent of 
 the Congress, accept of any present, emolument, ofiice, 
 or title of any kind whatever from any king, prince, or 
 foreign state. 
 
 Section 10 — (States prohibited from the exer- 
 cise of certain powers.) 
 
 1. No State shall enter into any treaty, alliance, or 
 confederation, grant letters of marque and reprisal, 
 coin money, emit bills of credit, make anything but 
 gold and silver coin a tender in payment of debts, pass 
 any bill of attainder, ex post facto law, or law im- 
 pairing the obligation of contracts, or grant any title 
 of nobility. 
 
 2. No State shall, without the consent of the Con- 
 gress, lay any impost or duties on imports or exports, 
 except what may be absolutely necessary for executing 
 its inspection laws, and the net produce of all duties 
 and imposts, laid by any State on imports or exports, 
 shall be for the use of the Treasury of the United 
 States ; and all such laws shall be subject to the revi- 
 sion and control of the Congress. 
 
 3. No State shall, without the consent of Congress, 
 lay any duty of tonnage, keep troops or ships of war 
 in time of peace, enter into any agreement or compact 
 with another State, or with a foreign power, or engage 
 in war, unless actually invaded, or in such imminent 
 danger as will not admit of delay. 
 
 ARTICLE II. 
 
 Section 1 — (President; his term of office. 
 Electors of President ; number and how ap- 
 pointed. Electors to vote on same day. Quali- 
 fication of President. On whom his duties de- 
 volve in case of his removal, death, etc. Presi- 
 dent's compensation. His oath of office.) 
 
 1. The Executive power shall be vested in a Presi- 
 dent of the United States of America. He shall hold 
 his office during the term of four years, and, together 
 with the Vice-President, chosen for the same term, be 
 elected as follows : 
 
 2. Each State shall appoint, in such manner as the 
 Legislature thereof may direct, a number of electors, 
 equal to the whole number of Senators and Represen- 
 tatives to which the State may be entitled in the Con- 
 gress ; but no Senator or Representative or person 
 holding an office of trust or profit under the United 
 States shall be appointed an elector. 
 
 3. The electors shall meet in their respective States 
 and vote by ballot for two persons, of whom one at 
 least shall not be an inhabitant of the same State with 
 themselves. And they shall make a list of all the per- 
 sons voted for, and of the number of votes for each, 
 which list they shall sign and certify and transmit, 
 sealed, to the seat of the Government of the United 
 States, directed to the President of the Senate. The 
 President of the Senate shall, in the presence of the 
 Senate and House of Representatives, open all the cer- 
 tificates, and the votes shall then be counted. The per- 
 son having the gi'eatest number of votes shall be the 
 President, if such number be a majority of the whole 
 number of electors appointed, and if there be more 
 than one who have such majority, and have an equal 
 number of votes, then the House of Representatives 
 shall immediately choose by ballot one of them for 
 President ; and if no person have a majority, then from 
 the five highest on the list the said House shall in like 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 117 
 
 manner chooS'e the President. But in choosing the 
 President, the vote shall be taken by States, the repre- 
 sentation from each State having one vote. A quo- 
 rum, for this purpose, shall consist of a member or 
 members from two-thirds of the States, and a majority 
 of all the States shall be necessary to a choice. In 
 every case, after the choice of the President, the per- 
 son having the greatest number of votes of the electors 
 shall be the Vice-President. But if there should re- 
 main two or more who have equal votes, the Senate 
 shall choose from them by ballot the Vice-President.* 
 
 4. The Congress may determine the time of choos- 
 ing the electors and the day on which they shall give 
 their votes, which day shall be the same throughout the 
 United States. 
 
 5. No person except a natural born citizen, or a cit- 
 izen of the United States at the time of the adoption 
 of this Constitution, shall be eligible to the office of 
 President ; neither shall any person be eligible to that 
 office who shall not have attained to the age of thirty- 
 five years and been fourteen years a resident within the 
 United States. 
 
 6. In case of the removal of the President from 
 office, or of his death, resignation, or inability to dis- 
 charge the powers and duties of the said office, the 
 same shall devolve on the Vice-President, and the Con- 
 gress may by law provide for the case of removal, 
 death, resignation, or inability, both of the President 
 and Vice-President, declaring what officer shall then 
 act as President, and such officer shall act accordingly 
 until the disability be removed or a President shall be 
 elected. 
 
 7. The President shall, at stated times, receive for 
 his services a compensation which shall neither be in- 
 creased nor diminished during the period for which 
 he shall have been elected, and he shall not receive 
 within that period any other emolument from the 
 United States, or any of them. 
 
 8. Before he enter on the execution of his office he 
 shall take the foregoing oath oi- affirmation: 
 
 "I do solemnly swear (or affirm) that I will faith- 
 fully execute the office of President of the United 
 States, and will, to the best of my ability, preserve, 
 
 * This clause is superseded by Article XII., Amendments. 
 
 protect, and defend the Constitution of the United 
 States." 
 
 Section 9, — (President to be Commander-in- 
 Chief. He may require opinions of Cabinet 
 Officers, etc., may pardon. Treaty-making 
 power. Nomination of certain officers. When 
 President may fill vacancies.) 
 
 1. The President shall be Commander-in-Chief of 
 the Army and Navy of the United States, and of the 
 militia of the several States when called into the actual 
 service of the United States ; he may require the opin- 
 ion, in writing, of the principal officer in each of the 
 executive departments upon any subject relating to 
 the duties of their respective offices, and he shall have 
 power to grant reprieves and pardons for offences 
 against the United States except in cases of impeach- 
 ment. 
 
 2. He shall have power, by and with the advice and 
 consent of the Senate, to make treaties, provided two- 
 thirds of the Senators present concur ; and he shall 
 nominate and by and with the advice and consent of 
 the Senate shall appoint ambassadors, other public 
 ministers and consuls, judges of the Supreme Court, 
 and all other officers of the United States whose ap- 
 pointments are not herein otherwise provided for, and 
 which shall be established by law ; but the Congress 
 may by law vest the appointment of such inferior 
 officers as they think proper in the President alone, 
 in the courts of law, or in the heads of departments. 
 
 3. The President shall have power to fill up all 
 vacancies that may happen during the recess of the 
 Senate by granting commissions, which shall expire 
 at the end of their next session. 
 
 Section 3 — (President shall communicate to 
 Congress. He may convene and adjourn Con- 
 gress, in case of disagreement, etc. Shall receive 
 ambassadors, execute laws, and commission offi- 
 cers.) 
 
 He shall from time to time give to the Congress in- 
 formation of the state of the Union, and recommend to 
 their consideration such measures as he shall judge 
 necessary and expedient; he may, on extraordinary 
 occasions, convene both Houses, or either of them, and 
 in case of disagreement between them with respect to 
 
 Notes 
 
118 
 
 TEXTBOOK OF AERIAL LAWS 
 
 the time of adjournment, he may adjourn them to such 
 time as he shall think proper ; he shall receive ambas- 
 sadors and other public ministers ; he shall take care 
 that the laws be faithfully executed, and shall commis- 
 sion all the officers of the United States. 
 
 Section 4 — (All civil offices forfeited for cer- 
 tain crimes.) 
 
 The President, Vice-President, and all civil officers 
 of the United States shall be removed from office on 
 impeachment for any conviction of treason, bribery, 
 or other high crimes and misdemeanors. 
 
 AKTICLE III. 
 
 Section 1 — (Judicial powers. Tenure. Com- 
 pensation.) 
 
 The judicial power of the United States shall be 
 vested in one Supreme Court, and in such inferior 
 courts as the Congress may from time to time ordain 
 and establish. The judges, both of the Supreme and 
 inferior courts, shall hold their offices during good be- 
 havior, and shall at stated times receive for their serv- 
 ices a compensation which shall not be diminished dur- 
 ing their continuance in office. 
 
 Section 2 — (Judicial power; to what cases it 
 extends. Original jurisdiction of Supreme 
 Court. Appellate. Trial by jury, etc. Trial, 
 where. ) 
 
 1. The judicial power shall extend to all cases in 
 law and equity arising under this Constitution, the 
 laws of the United States, and treaties made, or which 
 shall be made, under their authority; to all cases 
 affecting ambassadors, other public ministers, and con- 
 suls ; to all cases of admiralty and maritime jurisdic- 
 tion ; to controversies to which the United States 
 shall be a party ; to controversies between two or more 
 States, between a State and citizens of another State, 
 between citizens of different States, between citizens 
 of the same State claiming lands under grants of dif- 
 ferent States, and between a State, or the citizens 
 thereof, and foreign States, citizens, or subjects. 
 
 2. In all cases affecting ambassadors, other public 
 ministers, and consuls, and those in which a State shall 
 be party, the Supreme Court shall have original juris- 
 diction. In all the other cases before mentioned the 
 
 Supreme Court shall have appellate jurisdiction both 
 as to law and fact, with such exceptions and under 
 such regulations as the Congress shall make. 
 
 3. The trial of all crimes, except in cases of im- 
 peachment, shall be by jury, and such trial shall be 
 held in the State where the said crimes shall have been 
 committed ; but when not committed within any State 
 the trial shall be at such place or places as the Con- 
 gress may by law have directed. 
 
 Section 3 — (Treason defined. Proof of. 
 Punishment of.) 
 
 1. Treason against the United States shall consist 
 only in levying war against them, or in adhering to 
 their enemies, giving them aid and comfort. No per- 
 son shall be convicted of treason unless on the testi- 
 mony of two witnesses to the same overt act, or on 
 confession in open court. 
 
 2. The Congress shall have power to declare the 
 punishment of treason, but no attainder of treason 
 shall work corruption of blood or forfeiture except 
 during the life of the person attainted. 
 
 ARTICLE IV. 
 
 Section 1 — (Each State to give credit to the 
 public acts, etc., of every other State.) 
 
 Full faith and credit shall be given in each State to 
 the public acts, records, and judicial proceedings of 
 every other State. And the Congress may by general 
 laws prescribe the manner in which such acts, records, 
 and proceedings shall be proved, and the effect thereof. 
 
 Section 2 — (Privileges of citizens of each State. 
 Fugitives from justice to be delivered up. Per- 
 sons held to service having escaped, to be de- 
 livered up.) 
 
 1. The citizens of each State shall be entitled to all 
 privileges and immunities of citizens in the several 
 States. 
 
 2. A person charged in any State with treason, 
 felony, or other crime, who shall flee from justice, 
 and be found in another State, shall, on demand of 
 the Executive authority of the State from which he 
 fled, be delivered up, to be removed to the State hav- 
 ing jurisdiction of the crime. 
 
 .3. No person held to service or labor in one State, 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 119 
 
 under the laws thereof, escaping into another shall, 
 in consequence of any law or regulation therein, be 
 discharged from such service or labor, but shall be de- 
 livered up on claim of the party to whom such service 
 or labor may be due. 
 
 Section 3 — (Admission of new States. Power 
 of Congress over territory and other property.) 
 
 1. New States may be admitted by the Congress 
 into this Union, but no new State shall be formed 
 or erected within the jurisdiction of any other State, 
 nor any State be formed by the junction of two or 
 more States, or parts of States, without the consent of 
 the Legislatures of the States concerned, as well as of 
 the Congress. 
 
 2. The Congress shall have power to dispose of and 
 make all needful rules and regulations respecting the 
 territory or other property belonging to the United 
 States ; and nothing in this Constitution shall be so 
 construed as to prejudice any claims of the United 
 States, or of any particular State. 
 
 Section 4< — (Republican form of government 
 guaranteed. Each State to be protected.) 
 
 The United States shall guarantee to every State in 
 this Union a republican form of government, and shall 
 protect each of them against invasion, and, on appli- 
 cation of the Legislature, or of the Executive (when 
 the Legislature cannot be convened), against domestic 
 violence. 
 
 ARTICLE V. 
 
 (Constitution; how amended. Proviso.) 
 
 The Congress, whenever two-thirds of both Houses 
 shall deem it necessary, shall propose amendments to 
 this Constitution, or, on the application of the Legis- 
 latures of two-thirds of the several States, shall call a 
 convention for proposing amendments, which, in either 
 case, shall be valid to all intents and purposes, as part 
 of this Constitution, when ratified by the Legislatures 
 of three-fourths of the several States, or by conven- 
 tions in three-fourths thereof, as the one or the other 
 mode of ratification may be proposed by the Congress ; 
 provided that no amendment which may be made prior 
 to the year one thousand eight hundred and eight shall 
 in any manner affect the first and fourth clauses in the 
 
 Ninth Section of the First Article ; and that no State, 
 without its consent, shall be deprived of its equal suf- 
 frage in the Senate. 
 
 ARTICLE VI. 
 
 (Certain debts, etc., declared valid. Su- 
 premacy of Constitution, treaties, and laws of 
 the United States. Oath to support Constitu- 
 tion, by whom taken. No religious test.) 
 
 1. All debts contracted and engagements entered 
 into before the adoption of this Constitution shall be 
 as valid against the United States under this Consti- 
 tution as under the Confederation. 
 
 2. This Constitution and the laws of the United 
 States which shall be made in pursuance thereof and 
 all treaties made, or which shall be made, under the 
 authority of the United States, shall be the supreme 
 law of the land, and the judges in every State shall be 
 bound thereby, anything in the Constitution or laws 
 of any State to the contrary notwithstanding. 
 
 3. The Senators and Representatives before men- 
 tioned, and the members of the several State Legisla- 
 tures, and all executive and judicial officers, both of 
 the United States and of the several States, shall be 
 bound by oath or affirmation to support this Consti- 
 tution ; but no rehgious test shall ever be required as a 
 qualification to any office or public trust under the 
 United States. 
 
 ARTICLE VII. 
 
 (What ratification shall establish Constitution.) 
 
 The ratification of the Convention of nine States 
 shall be sufficient for the establishment of this Consti- 
 tution between the States so ratifying the same. 
 
 Amendments to the Constitution of the 
 United States 
 
 The following amendments to the Constitution, Ar- 
 ticles I to X inclusive, were proposed at the First 
 Session of the First Congress, begun and held at the 
 City of New York, on Wednesday, March 4, 1789, 
 and were adopted by the necessary number of States. 
 The original proposal of the ten amendments was 
 preceded by this preamble and resolution : 
 
 "The conventions of a number of the States having. 
 
 Notes 
 
120 
 
 TEXTBOOK OF AERIAL LAWS 
 
 at the time of their adopting the Constitution, ex- 
 pressed a desire, in order to prevent misconstruction or 
 abuse of its powers, that further declaratory and re- 
 strictive clauses should be added, and as extending the 
 ground of public confidence in the Government will 
 best insure the beneficent ends of its institution: 
 
 "Resolved, By the Senate and House of Representa- 
 tives of the United States of America, in congress as- 
 sembled, two-thirds of both Houses concurring, that 
 the following articles be proposed to the Legislatures 
 of the several States, as amendments to the Constitu- 
 tion of the United States ; all or any of which articles, 
 when ratified by three-fourths of the said Legislatures, 
 to be valid to all intents and purposes, as part of the 
 said Constitution, namely :" 
 
 THE TEN ORIGINAL AMENDMENTS 
 
 (They were declared in force December 15, 1791.) 
 
 ARTICLE I. 
 
 Religious Establishment Prohihited. Freedom of 
 Speech, of the Press, and Right to Petition. 
 
 Congress shall make no law respecting an establish- 
 ment of religion, or prohibiting the free exercise there- 
 of ; or abridging the freedom of speech or of the press ; 
 or the right of the people peaceably to assemble, and 
 to petition the Government for a redress of grievances. 
 
 ARTICLE II. 
 
 Right to Keep and Bear Arms. 
 
 A well-regulated militia being necessary to the se- 
 curity of a free State, the right of the people to keep 
 and bear arms shall not be infringed. 
 
 ARTICLE III. 
 
 No Soldier to he Quartered in Any House, Unless, Etc. 
 
 No soldier shall, in time of peace, be quartered in 
 any house without the consent of the owner, nor in 
 time of war but in a manner to be prescribed by law. 
 
 ARTICLE IV. 
 
 Right of Search and Seizure Regulated. 
 
 The right of the people to be secure in their persons, 
 houses, papers, and effects, against unreasonable 
 searches and seizures, shall not be violated, and no war- 
 
 rants shall issue but upon probable cause, supported 
 by oath or affirmation, and particularly describing the 
 place to be searched, and the persons or things to be 
 seized. 
 
 ARTICLE V. 
 
 Provisions Concerning Prosecution, Trial and Punish- 
 ment- — Private Property Not to be Taken 
 for Public Use, Without Compensation. 
 
 No person shall be held to answer for a capital or 
 other infamous crime imless on a presentment or in- 
 dictment of a grand jury, except in cases arising in 
 the land or naval forces, or in the militia, when in 
 actual service, in time of war or public danger; nor 
 shall any person be subject for the same offence to be 
 twice put in jeopardy of life or limb; nor shall be 
 compelled in any criminal case to be a witness against 
 himself, nor be deprived of life, liberty, or property, 
 without due process of law ; nor shall private property 
 be taken for public use without just compensation. 
 
 ARTICLE VI. 
 
 Right to Speedy Trial, Witnesses, Etc. 
 
 In all criminal prosecutions, the accused shall enjoy 
 the right to a speedy and public trial, by an impartial 
 jury of the State and district wherein the crime shall 
 have been committed, which districts shall have been 
 previously ascertained by law, and to be informed of 
 the nature and cause of the accusation ; to be con- 
 fronted with the witnesses against him ; to have com- 
 pulsory process for obtaining witnesses in his favor, 
 and to have the assistance of counsel for his defence. 
 
 ARTICLE VII. 
 
 Right of Trial by Jury 
 
 In suits at common law, where the value in contro- 
 versy shall exceed twenty dollars, the right of trial by 
 jury shall be preserved, and no fact tried by a jury 
 shall be otherwise re-examined in any court of the 
 United States than according to the rules of the com- 
 mon law. 
 
 ARTICLE VIII. 
 
 Excessive Bail or Fines and Cruel Punishments 
 Prohibited. 
 
 Excessive bail shall not be required, nor excessive 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 121 
 
 fines imposed, nor cruel and unusual punishments in- 
 flicted. 
 
 ARTICLE IX. 
 
 Rule of Construction of Constitution. 
 
 The enumeration in the Constitution of certain 
 rights shall not be construed to deny or disparage 
 others retained by the people. 
 
 ARTICLE X. 
 
 Rights of States Under Constitution. 
 
 The powers not delegated to the United States by 
 the Constitution, nor prohibited by it to the States, 
 are reserved to the States respectively, or to the 
 people. 
 
 The following amendment was proposed to the Legis- 
 latures of the several States by the Third Congress on 
 the 5th of March, 1794, and was declared to have been 
 ratified in a message from the President to Congress, 
 dated Jan. 8, 1798. 
 
 ARTICLE XI. 
 
 Judicial Powers Construed. 
 
 The judicial power of the United States shall not 
 be construed to extend to any suit in law or equity 
 commenced or prosecuted against one of the United 
 States, by citizens of another State, or by citizens or 
 subjects of any foreign state. 
 
 The following amendment was proposed to the Legis- 
 latures of the several States by the Eighth Congress 
 on the 12th of December, 1803, and was declared to 
 have been ratified in a proclamation by the Secretary 
 of State, dated September 25, 1804. It was ratified 
 by all the States except Connecticut, Delaware, Massa- 
 chusetts and New Hampshire. 
 
 ARTICLE XII. 
 
 Marmer of Choosing President and Vice-President. 
 
 The electors shall meet in their respective States, 
 and vote by ballot for President and Vice-President, 
 one of whom at least shall not be an inhabitant of the 
 same State with themselves ; they shall name in their 
 ballots the person voted for as President, and in dis- 
 
 tinct ballots the person voted for as Vice-President; 
 and they shall make distinct lists of all persons voted 
 for as President, and of all persons voted for as Vice- 
 President, and of the number of votes for each, which 
 list they shall sign and certify, and transmit, sealed, 
 to the seat of the Government of the United States, 
 directed to the President of the Senate ; the President 
 of the Senate shall, in the presence of the Senate and 
 House of Representatives, open all the certificates, and 
 the votes shall then be counted ; the person having the 
 greatest number of votes for President shall be the 
 President, if such number be a majority of the whole 
 number of electors appointed ; and if no person have 
 such majority, then from the persons having the high- 
 est numbers, not exceeding three, on the list of those 
 voted for as President, the House of Representatives 
 shall choose immediately, by ballot, the President. 
 But in choosing the President, the votes shall be taken 
 by States, the representation from each State having 
 one vote ; a quorum for this purpose shall consist of a 
 member or members from two-thirds of the States, and 
 a majority of all the States shall be necessary to a 
 choice. And if the House of Representatives shall not 
 choose a President, whenever the right of choice shall 
 devolve upon them, before the fourth day of March 
 next following, then the Vice-President shall act as 
 President, as in the case of the death or other consti- 
 tutional disability of the President. The person hav- 
 ing the greatest number of votes as Vice-President, 
 shall be the Vice-President, if such number be a 
 majority of the whole number of electors appointed, 
 and if no person have a majority, then from the two 
 highest numbers on the list the Senate shall choose the 
 Vice-President ; a quorum for the purpose shall consist 
 of two-thirds of the whole number of Senators, and a 
 majority of the whole number shall be necessary to a 
 choice. But no person constitutionally ineligible to 
 the office of President shall be eligible to that of Vice- 
 President of the United States. 
 
 The following amendment was proposed to the Legis- 
 latures of the several States by the Thirty-eighth Con- 
 gress on the 1st of February, 1865, and was declared 
 to have been ratified in a proclamation by the Secre- 
 tary of State, dated December 18, 1865. It was re- 
 jected by Delaware and Kentucky; was conditionally 
 
 Notes 
 
122 
 
 TEXTBOOK OF AERIAL LAWS 
 
 ratified hy Alabama and Mississippi; and Texas took 
 no action. 
 
 ARTICLE XIII. 
 
 Slavery Abolished. 
 
 1. Neither slavery nor involuntary servitude, ex- 
 cept as a punishment for crime whereof the party 
 shall have been duly convicted, shall exist within the 
 United States, or any place subject to their jurisdic- 
 tion. 
 
 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 The following, popularly known as the Reconstruc- 
 tion Amendment, was proposed to the Legislatures of 
 the several States hy the Thirty-ninth Congress on the 
 16th of June, 1866, and was declared to have heen 
 ratified in a proclamation hy the Secretary of State, 
 dated July 28, 1868. The amendment got the sup- 
 port of 23 Northern States; it was rejected hy Dela- 
 ware, Kentucky, Maryland, and 10 Southern States. 
 California took no action. Subsequently it was rati- 
 fied by the 10 Southern States. 
 
 ARTICLE XIV. 
 
 Citizenship Rights Not to Be Abridged. 
 
 1. All persons bom or naturalized in the United 
 States, and subject to the jurisdiction thereof, are 
 citizens of the United States and of the State wherein 
 they reside. No State shall make or enforce any law 
 which shall abridge the privileges or immunities of 
 citizens of the United States ; nor shall any State de- 
 prive any person of life, liberty, or property without 
 due process of law, nor deny to any person within its 
 jurisdiction the equal protection of the laws. 
 
 Apportionment of Representatives in Congress. 
 
 2. Representatives shall be apportioned among the 
 several States according to their respective numbers, 
 counting the whole number of persons in each State, 
 excluding Indians not taxed. But when the right 
 to vote at any election for the choice of electors for 
 President and Vice-President of the United States, 
 Representatives in Congress, the executive and judi- 
 cial ofBcers of a State, or the members of the Legisla- 
 ture thereof, is denied to any of the male members of 
 
 such State, being of twenty-one years of age, and citi- 
 zens of the United States, or in any way abridged, ex- 
 cept for participation in rebellion or other crime, the 
 basis of representation therein shall be reduced in the 
 proportion which the number of such male citizens 
 shall bear to the whole number of male citizens twenty- 
 one years of age in such State. 
 
 Power of Congress to Remove Disabilities of United 
 States Officials for Rebellion. 
 
 3. No person shall be a Senator or Representative in 
 Congress, or elector of President and Vice-President, 
 or holding any office, civil or military, under the United 
 States, or under any State, who, having previously 
 taken an oath, as a member of Congress, or as an offi- 
 cer of the United States, or as a member of any State 
 Legislature, or as an executive or judicial officer of 
 any State, to support the Constitution of the United 
 States, shall have engaged in insurrection or rebellion 
 against the same, or given aid and comfort to the 
 enemies thereof. But Congress may, by a vote of two- 
 thirds of each House, remove such disability. 
 
 What Public Debts Are Valid 
 
 4. The validity of the public debt of the United 
 States, authorized by law, including debts incurred for 
 payment of pensions and bounties for services in sup- 
 pressing insurrection and rebellion, shall not be ques- 
 tioned. But neither the United States nor any State 
 shall assume or pay any debt or obligation incurred in 
 aid of insurrection or rebellion against the United 
 States, or any claim for the loss or emancipation of 
 any slave ; but all such debts, obligations, and claims 
 shall be held illegal and void. 
 
 5. The Congress shall have power to enforce by 
 appropriate legislation the provisions of this article. 
 
 The following amendment was proposed to the Legis- 
 latures of the several States hy the Fortieth Congress 
 on the 9,1th of February, 1869, and was declared to 
 have heen ratified in a proclamation by the Secretary 
 of State, dated March 30, 1870. It was not acted on 
 hy Tennessee; it was rejected by California, Delaware, 
 Kentucky, Maryland, New Jersey, and Oregon; rati- 
 fied by the remaining 30 States. New York rescinded 
 its ratification January 5, 1870. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 123 
 
 ARTICLE XV. 
 
 Equal Rights for White and Colored Citizens. 
 
 1. The right of the citizens of the United States to 
 vote shall not be denied or abridged by the United 
 States or by any State on account of race, color, or 
 previous condition of servitude. 
 
 2. The Congress shall have power to enforce the 
 provisions of this article by appropriate legislation. 
 
 The following amendment was proposed to the Legis- 
 latures of the several States by the Sixty-first Con- 
 gress on the lS,th day of July, 1909, and was declared 
 to have been ratified in a proclamation by the Secre- 
 tary of State, dated February 25, 1913. The income 
 tax amendment mas ratified by all the States except 
 Connecticut, Florida, Pennsylvania, Rhode Island, 
 Utah, and Virginia. 
 
 AKTICLE XVI. 
 
 Income Taxes Authorized. 
 
 The Congress shall have power to lay and collect 
 taxes on incomes, from whatever sources derived, with- 
 out apportionment among the several States, and 
 without regard to any census or enumeration. 
 
 The following amendment was proposed to the 
 Legislatures of the several States by the Sixty-second 
 Congress on the 16th day of May, 1912, and was de- 
 clared to have been ratified in a proclamation by the 
 Secretary of State, dated May 31, 1913. It got the 
 vote of all the States except Alabama, Delaware, 
 Florida, Georgia, Kentucky, Louisiana, Maryland, 
 Mississippi, Rhode Island, South Carolina, Utah and 
 Virginia. 
 
 ARTICLE XVII. 
 
 United States Senators to be Elected by Direct 
 Popvlar Vote. 
 
 1. The Senate of the United States shall be com- 
 posed of two Senators from each State, elected by the 
 
 people thereof, for six years; and each Senator shall 
 have one vote. The electors in each State shall have 
 the qualifications requisite for electors of the most 
 numerous branch of the State Legislatures. 
 
 Vacancies in Senatorships, When Governor May 
 Fill by Appointment. 
 
 2. When vacancies happen in the representation of 
 any State in the Senate, the executive authority of 
 such State shall issue writs of election to fill such 
 vacancies ; Provided, That the Legislature of any State 
 may empower the Executive thereof to make tempo- 
 rary appointment until the people fill the vacancies 
 by election as the Legislature may direct. 
 
 3. This amendment shall not be so construed as to 
 affect the election or term of any Senator chosen be- 
 fore it becomes valid as part of the Constitution. 
 
 ARTICLE xvin. 
 Liquor Prohibition Amendment. 
 
 1. After one year from the ratification of this ar- 
 ticle the manufacture, sale, or transportation of in- 
 toxicating liquors within, the importation thereof into, 
 or the exportation thereof from the United States and 
 all territory subject to the jurisdiction thereof for 
 beverage purposes is hereby prohibited. 
 
 2. The Congress and the several States shall have 
 concurrent power to enforce this article by appro- 
 priate legislation. 
 
 3. This article shall be inoperative unless it shall 
 have been ratified as an amendment to the Constitu- 
 tion by the Legislatures of the several States, as pro- 
 vided in the Constitution, within seven years from the 
 date of the submission hereof to the States by the 
 Congress. 
 
 Notes 
 
CAUSES OF AIRCRAFT ACCIDENTS 
 
 Owing to the fact that the aeronautic field is 
 new and complex, lawmakers and lawyers find 
 it difficult to deal with the subject, especially in 
 accident cases, which have so many aspects. 
 
 The following definitions of causes of air- 
 craft accidents will, therefore, be a great help. 
 
 Causes of Accidents 
 
 There are two broad classes of causes of air- 
 craft accidents, (1) those due to mechanical 
 failures and, (2) those due to human failures. 
 
 In turn these may be divided into three 
 classes, (1) accidents that take place in midair; 
 and ( 2 ) accidents that take place on the ground 
 or on the water, such as in starting, landing or 
 "taxying" on the ground or water. 
 
 The Aero Club of America, the Aerial 
 League of America, the Royal Aero Club of 
 Great Britain, the Aero Club of France, and 
 the Aero Club of Italy, have made close study 
 of causes of aircraft accidents and have ren- 
 dered valuable reports. The following report 
 of the Royal Aero Club of Great Britain and 
 memorandum submitted to the British Aerial 
 Transport Committee by Captain B. C. Hucks, 
 H.A.F., and the Assistant Secretary (Techni- 
 cal) , as to accidents and accident investigation, 
 with an annex simimarising the work, prior to 
 the war, of the pubUc safety and accidents in- 
 vestigation committee of the Royal Aero Club 
 and Aeronautical Society, are especially inter- 
 esting. 
 
 Aeroplane accidents are, as a rule, due to one 
 or other of the following causes, or sometimes to 
 a combination of such causes : — 
 
 A. Engine stoppage, etc. 
 
 B. Errors in Piloting. 1 — Want of experi- 
 
 ence and hurried teaching. 2 — Real 
 errors of judgment. 3 — Rashness. 
 
 C. Faulty construction. 1 — Design. 2 — 
 
 Construction, 3 — Materials. 
 
 D. Dangerous manoeuvres. 
 
 E. Meteorological conditions. 
 
 F. Fires. 
 
 G. Illness of a pilot while in flight. 
 
 Before examining very briefly some of the ac- 
 cidents due to one or other of these causes, 
 or a combination of any of them, it should be 
 noted that, with pilots who are fully experienced 
 and know their engines, grounds, winds and 
 weather signs, accidents under the peace condi- 
 tions of flying should become rare. 
 
 A. Engine Stoppage, etc. 
 
 The stoppage of an engine in the air should 
 not, under favourable circumstances, imply any 
 serious risk of accident. His mechanical power 
 gone, the flyer must necessarily descend. He 
 can and must maintain the forward speed of his 
 machine and the support of its planes, by glid- 
 ing downward in a gradually descending path; 
 but if he is over thickly-wooded, broken, or 
 mountainous country, it may be difficult for him 
 
 Notes 
 
 124 
 
TEXTBOOK OF AERIAL LAWS 
 
 125 
 
 to find a suitable landing point, and he may, 
 should he make his contact with bad ground, 
 break some portion of his alighting gear, or per- 
 haps damage his machine more seriously. But 
 if he is dexterous he may, and usually does, save 
 himself and his passengers from serious injury. 
 
 To many flyers the sudden stoppage of their 
 engine is disconcerting, leading them to errors 
 of judgment they would not be guilty of under 
 normal conditions. So it may happen that at a 
 moment when exceptional judgment is de- 
 manded of him, a flyer is not in a condition to 
 act correctly and with unswerving precision. 
 
 When his engine has failed a flyer's first 
 thought, naturally, is to make a descent at some 
 point where the ground is suitable, and where 
 he will avoid damaging his machine, or injuring 
 himself or his passengers. If he is near an aero- 
 drome he will endeavour to reach this aerodrome. 
 It has in the past happened not infrequently 
 that an engine has failed — say through some 
 disorganisation in the petrol pressure feed as a 
 result of "taxying" a machine prior to a flight — 
 not long after a machine has left the ground and 
 before it has gained altitude. The instinct of 
 the flyer under such conditions is to endeavour 
 to turn his machine in the air and glide back to 
 the aerodrome rather than make a landing in 
 any field or open space which may lie within 
 reach. But while in the act of turning — ^re- 
 membering that he has been more or less discon- 
 certed by the sudden failure of his motor, and 
 remembering also that owing to the rapid 
 growth of the art of flying thoroughly experi- 
 enced pilots are few — he may make the mistake 
 of gliding at so flat an angle while on the turn 
 that the air pressure under the inner wing of 
 
 his machine falls so low that it is insufficient for 
 the support of that side of the machine ; where- 
 upon the aeroplane begins a side-slip which may 
 turn into a spinning nose-dive — and this means 
 that, for the moment at any rate, the craft has 
 passed beyond the flier's control. If, however, 
 he is at a sufficient altitude when this happens, 
 he may be able to extricate the aeroplane from 
 its spinning dive; but should he be near the 
 ground when his machine side-slips he will prob- 
 ably be unable to regain control before it 
 crashes.* 
 
 It would be safer in some cases after an en- 
 gine has failed, and particularly when failure 
 takes place with the aeroplane at a low altitude, 
 if flyers glided on straight ahead and did not 
 endeavour to turn. This might, it is true, in- 
 volve a descent on unsuitable ground, with some 
 slight damage, perhaps, to the under-carriage, 
 but this would be far better than losing control 
 altogether. A fact to be remembered is that if 
 an aeroplane loses flying speed while moving 
 straight ahead it not only loses height less 
 rapidly, but there is far less risk of a side-slip, as 
 all stable machines tend, when the flying speed 
 
 * Note by Major G. I. Taylor. 
 
 "Many accidents occur when an engine stops shortly after a 
 machine has left the ground, and before it has attained a height 
 of more than a few hundred feet. Under these circumstances, if 
 the readings of the instruments are used intelligently, it Is fre- 
 quently possible to turn back into the aerodrome; but what often 
 happens is that the pilot, instead of looking at the instruments, 
 looks only at the ground. Under these circumstances, after he 
 has turned across the wind, the ground may appear to him — if 
 the turn has been correctly banked — to be moving sideways under 
 him, and in the direction it would appear to move if he were 
 doing a very much over-banked turn at a greater height above 
 the ground. The pilot's instinct is therefore to hold the lower 
 wing up, and to make an under-banked turn. The number of 
 accidents due to faulty piloting, on the part of inexperienced 
 pilots during a turn near the ground, might be greatly reduced 
 by better education, and also by a greater confidence in the in- 
 struments, which are now extremely reliable." 
 
 Notes 
 
126 
 
 TEXTBOOK OF AERIAL LAWS 
 
 is reduced below a certain point, to take up auto- 
 matically a safe gliding angle. 
 
 Probably the origin of the majority of acci- 
 dents at the present time is stoppage of the en- 
 gine, after which a flyer is frequently guilty of 
 some error of judgment, or of piloting, or of 
 both ; and such errors are due in most cases to the 
 anxiety of the flyer to reach some specific land- 
 ing ground — an anxiety which will be all the 
 more acute should engine failure have occuri'ed 
 when the machine is low. 
 
 This points to the fact that when airways are 
 estabhshed, with landing grounds fairly close 
 together along each route, the main cause of ac- 
 cidents will have been removed. Under such 
 improved conditions, should an engine fail while 
 an aeroplane is in flight, an aviator will not find 
 it necessary to turn and manoeuvre in the air, 
 during a ghde without motive power, in order 
 to reach some landing ground that is not readily 
 accessible. Subject to his being at a sufficient 
 altitude, he will be able to glide to which ever 
 alighting place on the chain of grounds may lie 
 before him, and make a landing under favour- 
 able conditions on a sufficiently smooth ground. 
 
 Even with such landing places available, an 
 engine may fail so soon after a pilot has left the 
 ground that he is unable to reach the next alight- 
 ing point, though this may be only a few miles 
 distant. Under such conditions, assuming he 
 has insufficient altitude at which to make a safe 
 turn, he should glide down in the open country 
 and pick the best landing he can. It is worth 
 while, therefore, to bear this contingency in 
 mind, and to see that the land is fairly open in 
 the immediate vicinity of aerodromes. 
 
 Improved rehability of engines, and the rapid 
 
 growth of skUl, experience, and a sense of re- 
 sponsibihty in ground men and mechanics, 
 should render improbable cases of engine failure 
 occurring almost directly after an aeroplane has 
 left the ground; while the careful training of 
 flyers should prevent them from falling into the 
 error of starting away on a flight with a motor 
 that is not running well. 
 
 B. Errors in Piloting. 
 
 Errors in piloting, so far as one can isolate 
 them as a cause of accident, are not likely to in- 
 volve a flyer in much danger so long as he is at 
 a sufficient altitude. Peace flying will also re- 
 move the necessity from all civil flj^ers of mak- 
 ing those extreme manoeuvres which are called 
 for in war in darting from or at an enemy, or 
 spinning down to get out of his reach, so that 
 all errors connected with practising these evolu- 
 tions will be absent. 
 
 The comparative leisure of peace flying 
 should tend also to prevent accidents due to hur- 
 ried teaching, or to errors of judgment on the 
 part of instructors in ordering pupils to make 
 flights or carry out manoeuvres for which their 
 degree of proficiency has not prepared them. 
 Rashness on the part of young flyers, and the 
 taking of unnecessary risks, should also be dis- 
 couraged more effectually when a longer period 
 can be allowed for tuition, and when there are 
 not the exigencies of war to justify such risks. 
 
 Errors in piloting, when an aviator is maldng 
 his contact with the ground after a flight account 
 for a large number of accidents, though these, 
 generally speaking, are not attended by serious 
 consequences. A broken under-carriage is, as 
 a rule, the worst that happens, and though ex- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 127 
 
 perience shows that an aeroplane may overturn 
 occasionally and be damaged badly, its occu- 
 pants generally escape. Landing with the 
 wind instead of against it will often lead to a 
 machine being damaged by collision through a 
 pilot failing to bring it to a standstill within the 
 length of run he normally expects. 
 
 Another error of piloting when in the act of 
 descending is to alight side to wind. In this 
 case, if the aeroplane has a sideway as well as a 
 forward motion at the moment of contact with 
 the ground the running wheels may buckle, and 
 the breakage of the entire chassis, and perhaps 
 the overturning of the machine, may result. 
 
 Such accidents in landing are not always to 
 be laid to the door of the flyer. It may happen, 
 through the absence of any wind-vane or smoke, 
 which gives him a reliable indication, that he is 
 unable to judge accurately the direction of the 
 ground wind. 
 
 When chains of aerodromes are in existence 
 it will be easy and inexpensive to place on each, 
 in a position where it is seen easily bj' a pilot 
 while descending, some standard type of wind- 
 direction indicator. 
 
 C. Faulty Construction. 
 
 Accidents due to faulty construction are be- 
 coming far less frequent owing to the increasing 
 knowledge and skill of designers and construc- 
 tors, the adoption of ample factors of strength, 
 and the care which is exercised in the choice and 
 inspection of materials employed. At present, 
 however, greatly though design and construc- 
 tion have improved, it is possible for a machine 
 in the course of the violent manoeuvres dictated 
 by war service, to be subjected to such abnormal 
 
 strains that some part of it collapses and robs 
 the pilot of control. 
 
 Another risk of structural breakage which 
 must be reckoned with is that of a rough land- 
 ing having done some damage to a machine — 
 say to the rear of the fuselage. This, if it es- 
 capes detection at the time, may lead after- 
 wards, when a machine is subjected to strain, to 
 a collapse in flight. 
 
 Constructional risks may be encountered, even 
 in future, by flyers who are called upon to han- 
 dle machines of an experimental type, the be- 
 haviour of which, when actually in flight, is be- 
 ing determined by practical tests. These risks 
 affect only indirectly the general public or po- 
 tential passengers, who would not be intro- 
 duced till long after such risks had been studied 
 and eliminated. 
 
 D. Dangerous Manoeuvres. 
 
 There should be a distinction, of course, be- 
 tween dangerous manoeuvres which are unneces- 
 sary and those which are called for in learning, 
 and in afterwards performing, the abrupt and 
 often violent evolutions which must be made in 
 aerial fighting. The risks attached to the latter 
 are inevitable while we are at war; but in com- 
 mercial or pleasure flying, when only safe and 
 reasonable piloting will be required, accidents 
 under this heading should become extremely 
 rare. In the Air Force naturally, even under 
 peace conditions, dangerous manoeuvres must 
 be carried out on occasion; but there will be no 
 justification for them in civil flying. 
 
 E. Meteorological Conditions. 
 
 Certain accidents have, it seems probable. 
 
 Notes 
 
128 
 
 TEXTBOOK OF AERIAL LAWS 
 
 been due to abnormal atmospheric conditions, 
 or at least to the discomfiture of the pilot by- 
 such conditions; and data in this regard — 
 though a certain amount of information is al- 
 ready available — need to be far more extensive. 
 We refer to this question, briefly, under a later 
 heading. 
 
 F. Fires. ' 
 
 This cause of accident, occurring when a 
 machine is in flight, or when it has crashed after 
 a bad landing, is now receiving the closest atten- 
 tion, and, under the less arduous conditions of 
 peace flying, and with the experience and data 
 already obtained, it should become possible very 
 greatly to minimise this danger. 
 
 G. Illness of a Pilot. 
 
 In the Annex to the Appendix, a case is men- 
 tioned of an accident which was assumed to be 
 due to the indisposition of the flyer, and there 
 have been other obscure cases which have been 
 attributed to the same cause. In war flying, 
 under the strain of ascending rapidly to high 
 altitudes, in diving steeply, or in spiralling or 
 other violent movements, cases are to be ex- 
 pected of giddiness, or of temporary loss of 
 consciousness. In peace flying there should, 
 ordinarily, be none of these extreme physical 
 strains; and medical examinations, carried out 
 periodically, should obviate the risk of a com- 
 mercial pilot, while in charge say of a passenger 
 craft, losing control of his machine through any 
 sudden attack of illness. 
 
 Summary of the work, prior to the war, of 
 the Public Safety and Accidents Investigation 
 Committee of the Royal Aero Club and Aero- 
 nautical Society. 
 
 In 1912 the Royal Aero Club, jointly with 
 the Aeronautical Society, appointed a Special 
 Committee known as the Public Safety and Ac- 
 cidents Investigation Committee, to obtain re- 
 ports as to aeroplane accidents, and to endeavor 
 to discover the causes of such accidents, and to 
 express an opinion, whenever possible, as to 
 how they might be avoided in future. Official 
 representatives were appointed on the principal 
 aerodromes, whose duty is was, should an acci- 
 dent occur, to gain all information possible con- 
 cerning it, to examine the wrecked machine, and 
 to bring before the Committee all the informa- 
 tion which could be secured. 
 
 Between 1912 and 1914 — when the outbreak 
 of war interrupted the work of the Committee — 
 twenty-six fatalities had been investigated. 
 
 The main causes of accidents before the war, 
 as shown by an examination of the Committee's 
 reports, were: — 
 
 1. Errors of judgment on the part of a flyer. 
 
 2. The structural breakage of some part of 
 
 an aeroplane while in flight. 
 
 Nine of the twenty-six fatalities were due to 
 errors of judgment. 
 
 In two cases accidents were shown to be due 
 to a pilot attempting a flight in a machine which 
 was out of adjustment, with the result that it 
 side-slipped while turning. 
 
 In two others, pilots dived their machines so 
 suddenly and steeply that they were jerked for- 
 ward onto their controls, accentuating the de- 
 scent to such a degree that they fell from their 
 machines while in the air. 
 
 In two more cases, the accident was caused by 
 a machine nose-flying, while gliding, thi'ough 
 the pilot allowing it to lose flying speed. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 129 
 
 The remaining three cases may be summarised 
 as follows : 
 
 (i) A pilot was making a series of spec- 
 tacular evolutions, low down over an aero- 
 drome, when his machine side-slipped. 
 
 (ii) A pilot overbanked while turning at 
 a low altitude, and this was followed by a 
 nose-dive. 
 
 (iii) A pilot dived steeply, then flattened 
 out too suddenly, fracturing a wing. 
 Of accidents due primarily to engine failure, 
 or engine trouble, the Committee investigated 
 three — though it should be noted that, in each 
 case, and subsequent to the trouble with his en- 
 gine, the flyer was guilty of some error of judg- 
 ment. These cases are summarised herewith : — 
 (i) A pilot's engine was observed to stop 
 when he was at an altitude of about 200 feet. 
 Shortly afterwards the machine nose-dived. 
 In the Committee's opinion, the accident was 
 due to the aviator failing to appreciate the 
 danger of keeping his craft in a horizontal 
 position after the engine had stopped, thereby 
 losing flying speed. 
 
 (ii) A pilot, finding his engine running 
 badly after leaving an aerodrome, turned in 
 the air in order to fly back to his starting 
 point; but in making the turn he lost speed 
 and altitude to a dangerous extent, and while 
 passing low, near a belt of trees, which may 
 have set up disturbed air in the neighbourhood 
 of his machine, the craft was seen to dive. 
 
 (iii) A pilot attempted a flight with an 
 engine that was not working properly, with 
 the result that the machine gradually lost 
 altitude imtil it fell into a river. 
 Eight of the twenty-six accidents investigated 
 
 were shown to be due to the breakage of some 
 part of a machine. These may be summarised 
 as follows: — 
 
 (i) A quick-release device of a wing-cable 
 opened and the cable came adrift, flapping 
 up and piercing the fabric of a wing, which 
 then burst and allowed the machine to fall. 
 
 (ii) An aircraft collapsed in flight through 
 the breakage of the wires supporting a wing, 
 following upon some derangement of the 
 cabane, this derangement being due either 
 to a portion of the revolving engine fouling 
 the engine cowl, or by a partial failure or 
 breakage of the propeller, which threw the 
 rotating system out of balance, and set up 
 stresses which caused the engine to shift. 
 
 (iii) The wings of an aircraft collapsed 
 while the machine was flying in an extremely 
 high wind. 
 
 (iv) An elevating plane broke and allowed 
 a machine to dive so steeply that the main 
 planes collapsed. 
 
 (v) A wing broke as the result of a faulty 
 repair to a main-spar. 
 
 (vi) A wing failed, owing to want of suffi- 
 cient strength to withstand the stresses pro- 
 duced either by a violent wind or sudden 
 warping. ' 
 
 (vii) An aircraft collapsed while in flight 
 owing to inherent structural weakness. 
 
 (viii) A rudder became detached from a 
 machine in flight owing (in the opinion of the 
 Committee) to its being insufficiently strong 
 to resist a sudden and abnormal strain, and 
 owing also to the fact that it had probably 
 been strained in a previous flight. 
 In connection with accidents due to structural 
 
 Notes 
 
130 
 
 TEXTBOOK OF AERIAL LAWS 
 
 weakness, the Committee made two recommen- 
 dations. One was that, as aircraft are built of 
 perishable materials, all machines which have 
 been in existence for some time should undergo 
 a critical examination, both as regards frame- 
 work and fabric. 
 
 The second recommendation was that all re- 
 pairs to a machine must be carried out under 
 expert and responsible supervision. As to the 
 remaining six accidents, making up the total of 
 twenty-six; their causes are summarised be- 
 low: — 
 
 (i) The pilot of an experimental machine 
 lost control in a gusty wind. 
 
 (ii) A pilot ascended while in an unfit 
 state of health, and apparently lost conscious- 
 ness while his machine was gliding. 
 
 (iii) A pilot lost control through his foot 
 slipping on the rudder-bar. 
 
 (iv) A pilot who was giving a public 
 demonstration on an aerodrome of insuificient 
 size turned sharply to avoid endangering 
 spectators, with the result that his machine 
 side-slipped from a low altitude. 
 
 (v) A pupil, flying with an instructor in 
 a dual-control machine, appeared to resist for 
 some unknown reason the ruddering action 
 of the latter, with the result that the machine 
 became uncontrollable. 
 
 (vi) A pilot who was landing, and whose 
 view was obstructed to some extent by his 
 radiator, ran into some people who had en- 
 croached on the flying ground, with the result 
 that one person was killed and several injured. 
 The Committee found it necessary, in its en- 
 
 deavour to determine the causes of accidents, 
 to request local authorities, in cases where air- 
 craft fell in open country, to prevent the 
 wreckage of the machine being moved until 
 it had been examined by experts, and this will 
 assuredly have to be carried out after the war. 
 
 Final Note 
 
 Looking at pre-war accidents in the light of 
 conditions such as wiU exist, probably, when 
 peace comes, one very appreciable element of 
 risk, that of structural collapse, should be elim- 
 inated almost entirely. 
 
 This being so, we find that what we shall have 
 left, as a main risk of accident, will be engine 
 failure, followed perhaps by an error of judg- 
 ment on the part of the flyer. To lessen this 
 risk we must, of course, perfect our aero-engines, 
 and eliminate by degrees those small causes of 
 stoppage, or of trouble, which (insignificant in 
 themselves) may lead none the less to a serious 
 accident. 
 
 It should be noted again that, when an aviator 
 who encounters engine trouble has a chain of 
 ahghting grounds along his flying route, he will 
 be far less likely to find himself in a critical po- 
 sition; also, that, when we have the comparative 
 leisure of peace in which to train flyei's more 
 carefully, and also more scientifically, they 
 should be less likely to be guilty of errors of 
 judgment. 
 
 B. C. HucKS, Captain, R.F.C. 
 Harry Harper. 
 December, 1917. 
 
 Notes 
 
MILITARY AERIAL LAWS 
 
 Practically all the aerial laws enacted so far 
 have been enacted for military reasons. 
 
 The balloon, which was the first successful 
 type of aircraft, proved its military value during . 
 the battle of Fleurus, on June 26, 1794, when Dr. 
 Cautelle, piloting the balloon "LTnterprenant," 
 contributed greatly to the victory by informing 
 Jourdan of the enemy's movements. In 1795 
 the Committee on Public Safety authorized the 
 organization of two balloon companies and a 
 balloon school at Mendon and a balloon factory 
 at Petit-Mendon, in charge of Dr. Cautelle and 
 Coute. 
 
 On September 3, 1796, a French balloon fell 
 in the hands of the Austrians at the battle of 
 Wuztburg, and in 1798 the equipment of the 
 French balloon company, which had been 
 brought to Egypt, fell into the hands of the 
 English at Aboukir. A short time afterward 
 Napoleon suppressed the balloon service. 
 
 In 1859, Goddard was placed in charge of 
 French war balloons used in the campaign 
 against Italy. 
 
 In 1861, Professor T. S. C. Lowe, the pioneer 
 American balloonist, went to Washington and 
 on June 5 offered his services to the Federal 
 Government, and the use of his balloon. On 
 June 21 he received an order from Captain A. 
 W. Whipple, of the topographical engineers, 
 to report at Arlington with his balloon. On 
 July 21 he was notified that he was to have 
 charge of the balloon. On July 24 he made a 
 
 scouting trip over the Confederate lines and 
 was taken back across the Potomac by an east 
 wind. As he had no flag to show, he was fired 
 on by the Federal forces. He ascended higher 
 and landed 2% miles outside of the Federal 
 picket line. 
 
 On August 2d Professor Lowe was author- 
 ized to have another balloon constructed. It 
 had 25,000 cubic feet gas capacity, was com- 
 pleted by August 28, and was in service by 
 August 30. With it Professor Lowe discovered 
 the Confederate batteries on Munson Hill and. 
 Clark's Hill. 
 
 In October of that year the Secretary of War 
 authorized Professor Lowe to have four more 
 balloons made, which were named: "Constitu- 
 tion," "Washington, "Union, and "Intrepid." 
 
 In 1861 John La Mountain, balloonist at- 
 tached to General Benjamin F. Butler, of the 
 Federal Forces, made an ascension on August 
 10 with his balloon "The Atlantic," from Fort- 
 ress Monroe, ascending to a height of 3,500 
 feet, drifting over Hampton, Newport News, 
 Norfolk, returning to Fortress Monroe with a 
 diagram of the Confederate camps in the vi- 
 cinity. 
 
 In 1862 General A. E. Burnside, of the Fed- 
 eral Forces, used a captive balloon to follow the 
 movements of the enemy. On December 13, 
 during the battle of Fredericksburg, the bal- 
 loon was stationed directly over the general's 
 headquarters. 
 
 Notes 
 
 131 
 
132 
 
 TEXTBOOK OF AERIAL LAWS 
 
 On March 14, to April 10, 1862, Captain 
 Steiner's balloon, "The Eagle," was used by 
 Commander A. H. Foote's forces during the 
 attack on Island No. 10, in the Mississippi 
 River. 
 
 In May, 1863, the two Federal balloons, 
 "The Eagle" and "Washington," were with the 
 army of the Potomac, during the battle of Chan- 
 cellorsville. 
 
 Captain Cyrus B. Comstock, Corps of En- 
 gineers, of New York, who later became a gen- 
 eral, was assigned by General Hooker, on April 
 7, 1863, to take command of the balloon section 
 of which Professor Lowe was in charge. 
 
 The Federal balloon section had six silk bal- 
 loons with full equipment and portable gas gen- 
 . crating plants. 
 
 The following balloonists were employed by 
 the Federal balloon section: Professor T. S. C. 
 Lowe and his father, Clovis Lowe, James Allen, 
 E. S. Allen, Caltain E. Seaver, J. B. Stark- 
 weather, John O'Donnell, William Paulding 
 and John La Mountain. 
 
 The Confederates only had one balloonist. 
 Captain John Randolph Bryan, with General 
 J. B. Magruder, and a cotton balloon. 
 
 When Air Scouts Were Considered as Spies 
 
 Article 99 of the "Instructions" issued by the 
 Government during the Civil War provided that 
 the circumstances surrounding the capture 
 would determine the disposition to be made of 
 non-military messengers, without uniform. 
 
 During the Franco-Prussian War, between 
 September 23, 1870, and January, 1871, there 
 were sent up from Paris 66 balloons, ranging 
 
 between 1200 and 2000 cubic meters gas ca- 
 pacity, carrying from one to four passengers 
 each besides the pilot, carrier pigeons and mail. 
 Only five of these balloons were captured. The 
 others succeeded in escaping the German troops 
 besieging Paris. 
 
 Following the success of the French balloons, 
 Bismarck announced that the persons on board 
 of captured balloons would be considered as 
 spies, "Comme ceux qui fereient des tentative 
 semblables par la voie ordinaire." 
 
 This doctrine did not last. It was evident 
 that the balloon was the equivalent of a ship 
 and its purpose could not be disguised. 
 
 It was the German Representative, General 
 von Voigt Rhetz, who, at the meeting of the 
 Brussels Conference, August 7th, 1874, pro- 
 posed a resolution removing airmen from the 
 status of spies. This principle was confirmed 
 at the meeting of the Institute of International 
 Law at Oxford in 1880, by the resolution which 
 was included in the manual of military law. It 
 was confirmed officially at the first Hague Con- 
 ference, in 1889. 
 
 On February 10, 1914, Hans Berliner, the 
 German balloonist, with two passengers, landed 
 at Kirginschausk, in the Ural JNlountains, after 
 a journey of 1863 miles from Bitter f eld, Ger- 
 many. They were imprisoned by the Russian 
 police for over thirty-five days on suspicions of 
 espionage. 
 
 After the world war started the Russian 
 Government announced that it would treat as 
 pirates the aviators who bombed unfortified 
 towns. 
 
 At different times during the war the Ger- 
 man Government threatened to treat as spies 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 133 
 
 Allied aviators dropping propaganda leaflets 
 in the German lines. When sentence was 
 passed on the British aviators, Captain Scholtz 
 and Lieutenant Wookey, in March, 1918, the 
 
 British Government advised the German Gov- 
 ernment, through the Dutch Minister in Berlin, 
 that if the sentence was put into effect, reprisals 
 would be taken. 
 
 Notes 
 
EVOLUTION OF THE AERIAL WAR CODE 
 
 The laws of war have changed and their pro- 
 visions modified in the interest of humanity in 
 accordance with the progress of civihzation. 
 
 The Declaration of St. Petersburg, of 1868, 
 which was a forerunner of the Hague Conven- 
 tion, declared that war is a contest between ar- 
 mies rather than people and the only legitimate 
 object of war is to weaken the mihtary forces 
 of the enemy. 
 
 A nation's war-law manual, which contains 
 the instructions for the guidance of armies in the 
 field, is the code which the military man is to 
 follow when engaged in hostilities and dealings 
 with the enemy. It defines the rights and duties 
 of armed forces usually as agreed upon by the 
 nations. The United States War Manual pro- 
 vides that only such measures may be adopted 
 against the enemy as "are lawful according to 
 modern laws and customs of war." 
 
 When the first Hague Convention was held, 
 in 1899, balloons had been used for military 
 purposes for over one century and all the na- 
 tions had balloon corps. 
 
 The possibility of using balloons for bombing 
 was clear to some and others saw great possi- 
 bilities in the experiments with dirigibles and 
 aeroplanes of Alberto Santos-Dumont, Tissan- 
 dier, Henri Jiuliot, Count Zeppelin, Clement 
 Ader, Hiram Maxim, Samuel P. Langley, and 
 other pioneers. 
 
 The Hague Conference of 1899, by a vote of 
 22 to 4, adopted a declaration reading as fol- 
 lows: 
 
 "The contracting Powers agree to prohibit, 
 for a period extending to the close of the Third 
 Peace Conference, the discharge of projectiles 
 and explosives from balloons or by other new 
 methods of a similar nature. The present decla- 
 ration is only binding on the contracting Powers 
 in case of war between two or more of them. It 
 shall cease to be binding from the time when, in a 
 war between the contracting Powers, one of the 
 belhgerents is joined by a non-contracting 
 Power." 
 
 Two rules of international law governing 
 bombardment were adopted at the Second 
 Hague Conference of 1907. Article 27 of the 
 Hague regulations on Land Warfare reads : 
 
 "The attack or bombardment, by any means 
 whatever, of towns, villages, dwellings, or 
 buildings which are undefended, is pro- 
 hibited." 
 
 Article 1 of The Hague Convention respect- 
 ing Naval Bombardment reads : 
 
 "The bombardment by naval forces of unde- 
 fended ports, towns, villages, dwellings, or build- 
 ings, is forbidden." 
 
 At the London Conference of 1910 it was 
 proposed that the nations represented adopt the 
 doctrine of freedom of the air, the majority of 
 the representatives holding that the sovereignty 
 of the State should be asserted only up to some 
 prescribed level of altitude, above which the 
 flight of aircraft would still be practicable, and 
 that above that altitude the air should be free 
 to all, just as the high seas outside the three mile 
 
 Notes 
 
 134 
 
TEXTBOOK OF AERIAL LAWS 
 
 135 
 
 limit are free to all. This proposal was opposed 
 by the British representatives, who pointed out 
 that to give to foreign aircraft, as a matter of 
 acknowledged international law, the right to 
 fly at wiU over the territory of the State would be 
 to give them undesirable opportunities for es- 
 pionage, and generally limit the "elementary 
 right of a State to take each and every measure 
 which it considers necessary for self-preserva- 
 tion," In time of war, moreover, the doctrine 
 of "freedom of the air" above a certain altitude 
 would give rise to most embarrassing questions 
 for neutral States. They would actually be 
 
 ■ exposed to the risk of having aerial battles 
 fought over their territory without being able 
 to claim that their neutrality had been infringed. 
 The case of the upper air presents no true anal- 
 ogy to the case of the high seas outside the limits 
 of its territorial waters. 
 
 The one important step in the progress of 
 international aerial regulations was the agree- 
 ment of 1913 between France and Germany un- 
 der which the aircraft of either country could fly 
 over the other country and make landings, under 
 certain rules and restrictions. This agreement 
 is reproduced in a preceding chapter. 
 
 Notes 
 
CREATION OF FORBIDDEN ZONES 
 
 The British and French Aerial Navigation 
 Acts of 1911 provided only for the regulation 
 of aerial navigation within those States. Rus- 
 sia was the first nation to estabHsh forbidden 
 
 zones. 
 
 Russia's Forbidden Zones 
 
 The Russian Aerial Navigation Act of July 
 5, 1912, prohibited aircraft from passing of 
 the region located between the 59° 10 and 60° 10 
 degrees latitude, north ; and between the 23d and 
 25th degrees longitude, east of Greenwich. 
 
 Austria's Forbidden Zones 
 
 Austria followed the example adopting the 
 forbidden zones shown in the map reproduced 
 herewith. The law was adopted December 20, 
 1912; the forbidden zones were announced Jan- 
 uary 20, 1913. 
 
 Germany, Great Britain and France followed 
 by creating the forbidden zones shown on the 
 maps reproduced herewith. The British Act 
 creating the forbidden zones, which was dated 
 March 1st, 1913, is reproduced herewith. 
 
 British Aerial Navigation Act Creating 
 Forbidden Zones 
 
 In pursuance of the powers conferred on me 
 by the Aerial Navigation Acts, 1911 and 1913, 
 I hereby make, for the purposes of the safety 
 and defence of the Realm, the following Or- 
 ders : — 
 
 I. Prohibited Areas. — I prohibit the naviga- 
 tion of aircraft of every class and description 
 over the areas described in Schedule I to these 
 Orders (hereinafter referred to as "Prohibited 
 Areas") . 
 
 II. Portions of the Coastline Prohibited to 
 Aircraft from Abroad. — I prohibit the naviga- 
 tion of aircraft coming from any place outside 
 the United Kingdom over the whole of the coast- 
 hne of the United Kingdom and the territorial 
 waters adjacent thereto, except such portions 
 of the coastline with the territorial waters adja- 
 cent thereto as are described in Schedule II to 
 these Orders. 
 
 III. Landing areas for Aircraft from 
 Abroad. — I prescribe the areas mentioned in 
 Schedule III to these Orders (hereinafter re- 
 ferred to as "Prescribed landing areas") to be 
 the areas within which aircraft coming from any 
 place outside the United Kingdom shall land; 
 and I prohibit the navigation of such aircraft 
 over any other part of the United Kingdom un- 
 til after they have landed in one of the said 
 landing areas and have complied with the con- 
 ditions hereinafter set forth. 
 
 AIRCRATT FROM ABROAD 
 
 IV. The Conditions Imposed on Aircraft 
 from Abroad. — I prescribe the following con- 
 ditions to be comphed with by aircraft coming 
 from any place outside the United Kingdom : — 
 
 The person in charge of an airship, before 
 
 Notes 
 
 136 
 
Map of Germany with shaded portions representing the zones forbidden to aerial navigation in 1914. Prepared by 
 
 the French Institut Cartographique Militaire. 
 
 Map of Austria-Hungary with shaded portions representing the zones forbidden to aerial navigation in 1914. Pre- 
 pared by the French Institut Cartographique Militaire. 
 
 Face p. 136 
 
Photograph showing how an innocent looking aerial touring or passenger carrying aeroplane can photograph military positions. 
 The square hole at the bottom of the fuselage, just back of the chassis, is made especially to accommodate a camera and pho- 
 tograph the ground below. Hence the necessity of forbidding the carrying of cameras to aeroplanes operating near or over 
 important military positions, excepting by special permission or subject to inspection. 
 
 .\erial photograph of 
 Xew York City, showing 
 the wide area covered by 
 a snapshot taken from an 
 aeroplane. 
 
 Face p. 137 
 
TEXTBOOK OF AERIAL LAWS 
 
 137 
 
 commencing a voyage to the United Kingdom, 
 shall apply for a clearance to a duly authorised 
 British Consular officer in the country from 
 which the voyage is to be commenced, and he 
 shall not enter the United Kingdom until at 
 least 48 hours after such consular officer has 
 issued the clearance to him. 
 
 In the application (of which three copies must 
 be supplied) he shall state accurately the fol- 
 lowing particulars:- — 
 
 Name and registered number (if any) of air- 
 ship. 
 Type of airship. 
 
 Name, nationality, and place of residence of 
 the owner, of the person in charge, and of 
 every member of the crew, and name, pro- 
 fession, nationality, and place of residence 
 of every passenger (if any). 
 Nature of cargo (if any). 
 Approximate time of departure. 
 Place of departure. 
 
 The intended landing place in the United 
 Kingdom (which must be within one of the 
 prescribed landing areas) . 
 Proposed destination. 
 Object of voyage. 
 
 No change shall be made in the arrangements 
 stated in the application unless either notice 
 has been given to the Consular officer before 
 the clearance is issued or his consent in 
 writing is afterwards obtained. 
 A person in charge of an aeroplane shall, be- 
 fore commencing a voyage to the United King- 
 dom, send notice to the Home Office stating the 
 proposed landing-place, which must be within 
 one of the prescribed landing-areas ; the approx- 
 imate time of arrival, and his own name and 
 
 nationality; the notice, which may be sent by 
 letter or telegram, must be despatched so as to 
 reach the Home Office at least eighteen hours 
 befoi-e he enters the United Kingdom; no per- 
 son in any aircraft on entering the United King- 
 dom shall carry or allow to be carried in the air- 
 craft any goods, the importation of which is 
 prohibited by the law relating to Customs, any 
 goods chargeable upon importation into the 
 United Kingdom with any duty of Customs, ex- 
 cept such small quantities as have been placed 
 on board at the place of departure as being nec- 
 essary for the use during the voyage of persons 
 conveyed therein, any photographic apparatus, 
 carrier or homing pigeons, explosives or fire- 
 arms, any mails. 
 
 The person in charge of any aircraft shall, 
 an landing, report personally to the authorised 
 officer, and in the case of an airship present the 
 clearance to him ; fill in and hand to the author- 
 ised officer an arrival report in a form prescribed. 
 The person in charge of the aircraft shall not 
 continue his voyage until he has obtained a per- 
 mit from the authorised officer, for which a fee 
 of £3 will be payable in case of an airship and 
 £l in case of an aeroplane. He shall in his sub- 
 sequent voyage, unless exempted by the terms 
 of the permit, comply with the following con- 
 ditions : — 
 
 In the case of an airship, at least one British 
 representative, approved by the authorised offi- 
 cer, shall be carried in the aircraft. No photo- 
 graphic or wireless apparatus, carrier or homing 
 pigeons, explosives or firearms shall be carried. 
 No mails shall be carried. The journey shall 
 be effected within the time and by the route 
 specified in the permit. The pilot shall carry 
 
 Notes 
 
138 
 
 TEXTBOOK OF AERIAL LAWS 
 
 his certificate and shall produce it when required. 
 The aircraft, before quitting the United King- 
 dom, shall descend in one of the prescribed 
 landing areas and report to the authorised offi- 
 cer. If any of the terms of the permit cannot 
 be fulfilled, owing to accident, stress of weather, 
 or other unavoidable cause, the aircraft shall 
 come to ground at the earliest opportunity, and 
 the person in charge shall forthwith report by 
 telegram to the Home Office. No exemption 
 from these conditions shall be given except with 
 the previous authority of the Home Office. 
 
 The term "authorised officer" means an officer 
 appointed by a Secretary of State for the pur- 
 poses of this Order. Except where the author- 
 ised officer is specified in the clearance, the per- 
 son in charge of the aircraft must ascertain by 
 telegraphing to the Home Office, or otherwise, 
 the name and address of the officer to whom he 
 should report. 
 
 NAVAL AND MILITARY AIECBAFT 
 
 V. Foreign Naval and Military Aircraft. — 
 Foreign Naval or military aircraft shall not pass 
 over or land within any part of the United King- 
 dom, or the territorial waters thereof, except on 
 the express invitation, or with the express per- 
 mission previously obtained, of His Majesty's 
 Government. Such aircraft shall enjoy such 
 exemptions from the foregoing orders, and be 
 subject to such special conditions, as may be 
 specified in the invitation or permission. 
 
 VI. British Naval and Military Aircraft. — ■ 
 The foregoing orders shall not apply to naval 
 or military aircraft belonging to or employed in 
 the service of His Majesty. 
 
 VII. British Aircraft Returning to the 
 
 United Kingdom — The conditions prescribed by 
 the foregoing Order No. 4 to be compUed with 
 by aircraft coming from places outside the 
 United Kingdom shall not apply to an aircraft 
 which commenced its voyage from and is return- 
 ing to the United Kingdom provided : — 
 
 The owner, the person in charge, and crew are 
 British subjects; 
 
 Notice is given to the Home Office before or 
 immediately after the outward voyage is made; 
 
 The return voyage is made within 30 days of 
 the departure from the United Kingdom ; 
 
 At least 18 hours' notice of the return voyage 
 is given to the Home Office, stating the intended 
 landing place (which must be in one of the pre- 
 scribed landing areas), and the approximate 
 time of arrival. 
 
 EXEMPTIONS 
 
 VIII. Exemptions. — The Secretary of State 
 may for special reasons grant exemption from 
 any or all of the foregoing orders to persons 
 recommended for such exemptions by the 
 Admiralty, War Office, or other public depart- 
 ments. 
 
 IX. Saving, nothing in the foregoing orders 
 shall be construed as conferring on a person 
 navigating an aircraft any right to land in any 
 place as against the owner of the land or other 
 persons interested therein, or as affecting the 
 rights or remedies of any person in respect of 
 any injury to person or property caused by any 
 aircraft. 
 
 R. McKenna, 
 One of His Majesty's Principal 
 Secretaries of State. 
 Home Office, Whitehall, March 1st, 1913. 
 
 Notes 
 
MET) I TE RRANEE 
 
 Map of France with shaded portions representing the zones forbidden to aerial navigation in 1914- Prepared 
 
 by the French Institut Cartographique Militaire. 
 
 Face p. 138 
 
Map of Great Britain with shaded and black portions representing the zones forbidden to aerial 
 navigation in 1914. Prepared by the French Institut Cartographique Militaire 
 
 Face p. 139 
 
TEXTBOOK OF AERIAL LAWS 
 
 139 
 
 SCHEDULE I 
 
 PROHIBITED AREAS 
 
 Each of the places named or described in the 
 following list, with the land and territorial 
 waters surrounding such place, to a distance of 
 three geographical miles in all directions from 
 its boundary, shall be a prohibited area for the 
 purposes of the foregoing Order No. I: — 
 
 Kirkwall Town 
 
 Flotta Island 
 
 Thurso Town 
 
 Cromarty Ness 
 
 Invergordon Pier 
 
 Aberdeen Wireless Station 
 
 Montrose Town 
 
 Broughty Ferry Castle 
 
 Inchkeith Island 
 
 Rosyth Dockyard 
 
 Pitfiorane Park 
 
 Forth Bridge 
 
 Tynemouth, North Pier Lighthouse 
 
 Elswick Railway Station 
 
 Cleethorpes Wireless Station 
 
 Louth Railway Station 
 
 Wroxham Broad (Norfolk) 
 
 Weedon Railway Station (Northamptonshire) 
 
 Landguard Point, Bradwater (FeUxstowe) 
 
 Parkeston Quay 
 
 Ipswich Wireless Station 
 
 Shoeburyness Church 
 
 Fobbing Church 
 
 Tilbury Fort 
 
 Purfleet Railway Station 
 
 Barking Creek Mouth 
 
 Waltham Abbey Railway Station 
 
 Enfield Lock Railway Station 
 
 Chatham Dockyard 
 
 Teapot Hard 
 
 Chattenden Farm 
 
 Allhallows Church 
 
 Grain Martello Tower 
 
 Sheerness Dockyard 
 
 Dover Castle 
 
 Archcliffe Fort 
 
 Lydd Railway Station 
 
 Newhaven Station Harbour Jetty 
 
 Fort Cumberland 
 
 Spithead : namely, the space between a line from 
 Lee-on-Solent Pier to Wootton Point and 
 a line from Southsea Castle to Seaview Pier 
 
 Portsmouth Dockyard 
 
 Cosham Railway Station 
 
 Fareham Railway Station 
 
 Culver Cliff Naval Signal Station 
 
 Needles Lighthouse 
 
 Southampton Docks 
 
 Marchwood Park 
 
 Hurst Castle 
 
 Osmington Church 
 
 Weymouth Pier 
 
 Portland Convict Pier 
 
 Turnchapel Railway Station 
 
 Plymstock Railway Station 
 
 Keyham Dockyard 
 
 Devonport Dockyard 
 
 Saltash Railway Bridge 
 
 Penler Point 
 
 Thorn Island (Milford Haven) 
 
 Pembroke Wireless Station 
 
 Old Milford Railway Station 
 
 St. Ann's Head 
 
 Barrow-in-Furness Town Hall 
 
 Stevenston Railway Station 
 
 Notes 
 
140 
 
 TEXTBOOK or AERIAL LAWS 
 
 Greenock Pier 
 
 So much of Loch Long as lies north of a Une 
 
 drawn due east from Knap Point 
 Carrickfergus Railway Station 
 Grey Point 
 Spike Island 
 Haulbowline Dockyard 
 
 SCHEDULE II 
 
 PORTIONS OF THE COASTLINE NOT PROHIBITED 
 TO AIRCRAFT FROM ABROAD 
 
 The following portions of the coastline, in- 
 cluding in each case the seaward boundary of 
 the places named, are excepted from the prohi- 
 bition imposed by Order No. II on aircraft com- 
 ing from places outside the United Kingdom : — 
 
 From Fraserburgh to Ythan River. 
 
 From Holy Island to Newbiggin. 
 
 From Sutton (Lincolnshire) to Holkham 
 
 (Norfolk). 
 From Stansgate Abbey, on the Blackwater, 
 
 to Burnham-on-Crouch. 
 From Margate to Walmer. 
 From Rye to Eastbourne. 
 From Hove to Bognor. 
 From Bridport to Dawlish. 
 
 SCHEDULE III 
 
 PRESCRIBED LANDING AREAS 
 
 The areas bounded towards the sea by the por- 
 tions of the coast-line specified in Schedule II, 
 and extending in each case to a distance of five 
 geographical miles inland. 
 
 Any person navigating an aircraft in contra- 
 
 vention of the foregoing orders is liable on con- 
 viction to imprisonment for six months or to a 
 fine of £200 or to both imprisonment and fine. 
 
 Any aircraft which flies or attempts to fly over 
 a prohibited area, and any aircraft coming from 
 a place outside the United Kingdom which flies 
 or attempts to fly over a prohibited portion of 
 the coast-line or fails to comply with the condi- 
 tions as to landing prescribed in the foregoing 
 Order No. Ill is liable to be fired on in accord- 
 ance with Section 2 of the Aerial Navigation 
 Act, 1913, and the regulations made there- 
 under. 
 
 If any person in any aircraft is anywhere 
 guilty of any act of espionage within the pro- 
 visions of Section 1 of the Official Secrets Act, 
 1911, he is liable to seven years' penal servi- 
 tude. 
 
 In pursuance of the powers conferred on me 
 by Section 2 of the Aerial Navigation Act, 1913, 
 I hereby make the following regulations. 
 
 1. The officer to give the signals and take the 
 action mentioned in the said section shall be a 
 commissioned officer in His Majesty's naval or 
 military forces. 
 
 2. The signals which may be given when an 
 aircraft flies or attempts to fly over any of the 
 prohibited areas, or when an aircraft coming 
 from a place outside the United Kingdam flies 
 or attempts to fly over any prohibited portion 
 of the coastline or fails to comply with any of 
 the conditions as to landing prescribed by the 
 orders made by the Secretary of State under the 
 said Acts shall be as follows : 
 
 By day: Three discharges at intervals of not 
 less than ten seconds of a projectile showing 
 smoke on bursting. 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 141 
 
 By night : Three discharges at intervals of not 
 less than ten seconds of a projectile showing red 
 stars or red lights. 
 
 3. On such signal being given the aircraft 
 shall immediately land at the nearest practicable 
 spot, provided that if it be approaching or flying 
 over any prohibited area it shall not in descend- 
 ing advance further towards or into the area, 
 
 4. If an airship is unable to land immediately 
 in response to the signal owing to stress of 
 weather, fog, breakage of machinery, or other 
 unavoidable cause, it shall make the following 
 signal : 
 
 By day : Show from the place where they can 
 be most clearly seen from below a red triangular 
 flag, together with two black balls superimposed 
 vertically one above the other. 
 
 By night: Wave a white light, at the same 
 time extinguishing the side-lights, and it shall, 
 as soon as possible, land at the nearest prac- 
 ticable spot in the United Kingdom. 
 
 R. McKenna, 
 
 On August 2d, 1914, an order was issued by 
 the Home Secretary prohibiting navigation of 
 all except naval and military aircraft over the 
 whole area of the United Kingdom. 
 
 United States War Restrictions on Civilian 
 Flying 
 
 Restrictions on civilian flying in the United 
 States were placed on February 28, 1918, when 
 the following Presidential Proclamation was 
 made public : 
 
 Whereas the United States of America is now at 
 
 war, and the Army and Navy thereof are endangered 
 in their operations and preparations by aircraft, I, 
 Woodrow Wilson, President of the United States, by 
 virtue of the authority vested in me by the Constitu- 
 tion as Commander in Chief of the Army and Navy 
 of the United States and of the militia of the several 
 States when called into the actual service of the United 
 States, do hereby for the protection of such forces 
 issue the following proclamation: 
 
 I. A license must be obtained from the joint Army 
 and Navy board on aeronautic cognizance by or in 
 behalf of any person who contemplates flying in a 
 balloon, aeroplane, hydroplane, or other machine or 
 device over or near any military or naval forces, camp, 
 fort, battery, torpedo station, arsenal, munition fac- 
 tory, navy yard, naval station, coaling station, tele- 
 phone or wireless or signal station, or any building or 
 office connected with the national defense, or any 
 place or region within the jurisdiction or occupation 
 of the United States which may be designated by the 
 President as a zone of warlike operations or of war- 
 like preparation. 
 
 II. The license will specify the person to whom it is 
 Issued, the machine to be used, the persons to operate 
 the machine, and all other persons to be carried there- 
 in, the mode of marking or otherwise identifying the 
 machine, and other details intended to assure the mili- 
 tary and naval forces of the peacefulness of the 
 errand. 
 
 III. The license will also specify the territory and 
 the time wherein it shall be available. 
 
 IV. In case any aircraft shall disregard this procla- 
 mation or the terms of the license, it shall be the right 
 and duty of the military or naval forces to treat the 
 aircraft as hostile and to fire upon it or otherwise de- 
 stroy it, notwithstanding the resultant danger to hu- 
 man life. 
 
 V. For the present, the President designates as a 
 zone of military operations and of military prepara- 
 tions the whole of the United States and its territorial 
 waters and of the insular possessions of the Panama 
 Canal Zone. 
 
 VI. The provisions of this proclamation do not 
 apply to aircraft operated by the Army or Navy of 
 the United States. 
 
 Notes 
 
142 
 
 TEXTBOOK OF AERIAL LAWS 
 
 VII. No private flying without a license will be 
 permitted after the expiration of 30 days from the 
 date of this proclamation. 
 
 In witness whereof I have hereunto set my hand and 
 caused the seal of the United States to be affixed. 
 
 Done in the District of Columbia this 28th day of 
 
 February, in the year of our Lord 1918, and of the 
 independence of the United States the 142d. 
 
 WooDROw Wilson. 
 By the President: 
 Robert Lansing, 
 
 Secretary of State, 
 
 Notes 
 
GERMANY'S DECLARATION OF WAR ON FRANCE BASED ON ALLEGED 
 
 BOMBING OF GERMAN TERRITORY 
 
 In the French "Yellow Book," with other im- 
 portant documents regarding the world war, 
 are the following letters: 
 
 No. 147. Letter handed by the German Ambas- 
 sador to M. Rene Vivlani, President of the 
 Council, Minister for Foreign Affairs, during 
 his farewell audience, August 3, 1914, at 6.45 
 p. m. 
 
 M. le President, 
 
 The German administrative and military authorities 
 have established a certain number of flagrantly hostile 
 acts committed on German territory by French mili- 
 tary aviators. Several of these have openly violated 
 the neutrality of Belgium by flying over the territory 
 of that country; one has attempted to destroy build- 
 ings near Wesel ; others have been seen in the district 
 of the Eifel, one has thrown bombs on the railway 
 near Carlsruhe and Nuremberg. 
 
 I am instructed, and I have the honour to inform 
 your Excellency, that in the presence of these acts of 
 aggression the German Empire considers itself in a 
 state of war with France in consequence of the acts 
 of this latter Power. 
 
 At the same time I have the honour to bring to the 
 knowledge of your Excellency that the German author- 
 ities will detain French mercantile vessels in German 
 ports, but they will release them if, within forty-eight 
 hours, they are assured of complete reciprocity. 
 
 My diplomatic mission having thus come to an end 
 it only remains for me to request your Excellency to 
 be good enough to furnish me with my passports, and 
 to take the steps you consider suitable to assure my 
 return to Germany, with the staffs of the Embassy, 
 as well as with the staff of the Bavarian Legation and 
 of the German Consulate General in Paris. 
 
 Be good enough, M. le President, to receive the 
 assurances of my deepest respect. 
 
 (Signed) SCHOEN. 
 
 No. 148. M. Rene Viviani, President of the 
 
 Council, Minister for Foreign Affairs, to the 
 
 French Representatives Abroad 
 
 Paris, August 3, 1914. 
 
 The German Ambassador has asked for his pass- 
 ports and is leaving this evening with the staff's of the 
 Embassy, the German Consulate General and the 
 Bavarian Legation. Baron von Schoen has given as 
 his reason the establishments by the German adminis- 
 trative and military authorities of acts of hostility 
 which are said to have been committed by French mili- 
 tary aviators accused of having flown over the terri- 
 tory of the Empire and thrown bombs. The Ambas- 
 sador adds that the aviators are said to have also vio- 
 lated the neutrality of Belgium by flying over Belgian 
 territory. "In the presence of these acts of aggres- 
 sion," says the letter of Baron von Schoen, "the Ger- 
 man Empire considers itself in a state of war with 
 France in consequence of the acts of this latter 
 Power." 
 
 I formally challenged the inaccurate allegations of 
 the Ambassador, and for my part I reminded him that 
 I had yesterday addressed to him a note protesting 
 against the flagrant violations of the French frontier 
 committed two days ago by detachments of German 
 troops. 
 
 RENE VIVIANI. 
 
 During the speech delivered by Mr. Viviani, 
 the President of the Council, to the French 
 Chamber of Deputies on August 4ith, 1914, he 
 stated : 
 
 Notes 
 
 143 
 
144 
 
 TEXTBOOK OF AERIAL LAWS 
 
 "At no time has any French aviator pen- 
 etrated into Belgium, nor has any French avi- 
 ator committed either in Bavaria or any other 
 part of Germany any hostile act." 
 
 During this address Mr. Viviani, in enumer- 
 ating the German attacks on French soil and 
 violation of the French frontier at fifteen points 
 and killing and wounding of Frenchmen by 
 German soldiers, stated: 
 
 "Yesterday a German military aviator 
 dropped three bombs on Luneville." 
 
 No further official statement was issued by 
 Germany regarding this alleged dropping of 
 bombs by French aviators which was claimed as 
 the casus belli. The following letter, which ap- 
 peared in the New York Times November 3, 
 1916, is of interest: 
 
 Columbia University, Nov. 1, 1916. 
 To the Editor of The New York Times: 
 
 I trust that you will be able to spare me a little 
 further space upon the question whether or not French 
 bombs did fall on Niirnberg on the 2d of August, 1914. 
 It has more than a purely academic interest, because 
 the allegation was one of the chief points in the "acts 
 of aggression" to repel which the German Empire 
 "considered itself in a state of war with France." 
 
 A day or two after the appearance of my letter of 
 Oct. 18 I received one from Professor W. A. Neilson of 
 Harvard University in which he suggested a possible 
 solution of the mystery. With his permission I cite 
 the following passage from it : 
 
 "I was in OfFenburg, Baden, at the outbreak of the 
 war, and on the day before the reports of the Niirn- 
 berg incident began to appear in the German papers 
 I read, posted on a kiosk near the railroad station at 
 OfFenburg, a typewritten copy of a telegram, issued 
 from the Reichspost, announcing the dropping of 
 bombs on Neuenburg, a little town near Miilheim, on 
 the Rhine. The next day the newspapers had the 
 same dispatch, with the name changed to Niirnberg." 
 
 I have never believed the story of the bombs or of 
 any of the other breaches of peace attributed to the 
 French, since we know the extreme care taken by the 
 Paris authorities to prevent any such occurrences by 
 keeping the army ten kilometers behind the boundary 
 line. But if the German attempt to fix a violation 
 of international comity upon the French in order to 
 give foundation for the cry "We are attacked!" cen- 
 tered at first around Neuenburg, for what reason was 
 it changed into Niirnberg the very next day? 
 
 In my desire to preserve the neutral attitude of a 
 historian, I have been at pains to find some German 
 official rendering of the note presented by Herr von 
 Schoen to M. Viviani; supposing — at a hazard — that 
 a mistake in the name may have crept into the French 
 and English versions. To find this is not easy; for 
 although Germany is apt to pride herself upon her 
 literary output — and indeed what she has printed and 
 written about the war is by no means a small amount — 
 she has been wonderfully chary of giving out docu- 
 ments relating to the beginning of the conflict. Her 
 "Vorlaiifige Denkschrift und Aktenstiicke" is a meagre 
 pamphlet of 37 pages ; while that of France contains 
 216 and that of England 194. But in Dr. Max Beer's 
 "Die Europaischen Kriegsverhandlungen," (Berne, 
 1915, p. 354) — ^which looks very official — the words 
 run "Ein anderer warf Bomben auf die Eisenbahn in 
 der Nahe von Karlsruhe und Niirnberg." The same 
 name is found in Dr. Edmund von Mach's "Official 
 Diplomatic Documents Relating to the Outbreak of 
 the European War," page 428 — a book compiled for 
 the express purpose of acquitting Germany of any 
 false dealings, though written under the guise of a 
 historical source book. In the German Chancellor's 
 speech before the Reichstag on Aug. 5 he spoke of 
 "French fliers dropping bombs as far from France as 
 South Germany." Though the Kolnische Zeitimg of 
 Oct. 3 reported from Miinchen that the Bavarian 
 Ministry of War for the time being doubted the report 
 that fliers had been seen who dropped bombs on the 
 railroad tracks near Niirnberg, the Berliner Tageblatt 
 of the same date knew better, and published a report 
 dated Sunday, Aug. 2, 2 :45 P. M., giving a statement 
 authorized by the military authorities that French 
 fliers on Sunday morning had dropped bombs in the 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 145 
 
 neighborhood of Niirnberg. In addition, E. Henry 
 Lacombe in your issue of Oct. 20 (on the authority of 
 Professor Thomas F. A. Smith) cites a Niirnberg 
 paper, the Frdnkische Tagspost, which during the 
 whole month of August, 1914, knew nothing at all 
 about the raid. 
 
 The question is pertinent. Why did the German 
 Government change Neuenburg to Niirnberg; or, if 
 it did not make the change, why did it announce some- 
 thing which was not based even upon "a scrap of 
 paper"? Was it done in order to stimulate the war 
 ardor in South Germany.'' Are the Germans always 
 so "Wissenschaftlich" that they take about a year 
 and a half to find out the truth when it could have 
 been known by telephone in a minute and half.'' Some 
 
 of my ninety-three colleagues at the universities in 
 Germany needed a full year to see the error of their 
 ways ; and it took a like time before Dessauer's "Hymn 
 of Hate" was disavowed. Professor Miinsterberg has 
 talked overmuch about the "service to mankind" which 
 Germany is willing to perform. Is prevarication an 
 integral part of "Deutsche Kultur".? 
 
 The Kolnische Zeitung, which is no way a "gutter" 
 newspaper, is frank enough to say: "Circumstances 
 often compel us to swerve from the right path and to 
 answer lies by lies. This is the only way to silence the 
 liars. When our soldiers' strong arms have prevailed, 
 we shall be glad to return to our habit of strict frank- 
 ness." 
 
 RlCHABD GOTTHEIL. 
 
 Notes 
 
INTERNATIONAL LAW ACKNOWLEDGED ON DECLARATION OF WAR 
 
 The Belgian Grey Book and the French 
 Yellow Book contain the following evidences 
 that international law was acknowledged even 
 by Germany and was strictly followed by 
 France, Belgium and England: 
 
 (From the Yellow Book) 
 
 No. 157. Notification of the French Government 
 to the Representatives of the Pow- 
 ers at Paris 
 
 The German Imperial Government, after having al- 
 lowed its armed forces to cross the frontier, and to 
 permit various acts of murder and pillage on French 
 territory ; after having violated the neutrality of the 
 Grand Duchy of Luxemburg in defiance of the stipula- 
 tions of the Convention of London, 11th May, 1867, 
 and of Convention V. of the Hague, 18th October, 
 1907, on the rights and duties of Powers and persons 
 in case of war on land (Articles 1 and 2), Conven- 
 tions which have been signed by the German Govern- 
 ment ; after having addressed an ultimatum to the 
 Royal Government of Belgium with the object of re- 
 quiring passage for German troops through Belgian 
 territory in violation of the Treaties of the 19th 
 April, 1859, which had been signed by them, and in 
 violation of the above Convention of the Hague. 
 
 Have declared war on France at 6 :45 p.m. on the 
 3rd August, 1914. 
 
 In these circumstances the Government of the Re- 
 public find themselves obliged on their side to have 
 recourse to arms. 
 
 They have in consequence the honour of informing 
 by these presents the Government of . . . that a 
 state of war exists between France and Germany dat- 
 ing from 6.45 p.m. on 3rd August, 1914. 
 
 The Government of the Republic protest before all 
 civilised nations, and especially those Governments 
 which have signed the Conventions and Treaties re- 
 
 ferred to above, against the violation by the German 
 Empire of their international engagements, and they 
 reserve full right for reprisals which they might find 
 themselves brought to exercise against an enemy so 
 little regardful of its plighted word. 
 
 The Government of the Republic, who propose to 
 observe the principles of the law of nations, wiU, dur- 
 ing the hostilities, and assuming that reciprocity will 
 be observed, act in accordance with the International 
 Conventions signed by France concerning the law of 
 war on land and sea. 
 
 The present notification, made in accordance with 
 Article 2 of the Third Convention of the Hague of the 
 18th October, 1907, relaj;ing to the opening of hostili- 
 ties and handed to . . . 
 
 Paris, August 4, 1914, 2 p.m. 
 
 (From the Grey Book) 
 
 No. 22. Note Communicated by M. Davignon, 
 Belgian Minister for Foreign Affairs, to 
 Herr von Below Saleske, Ger- 
 man Minister 
 
 Brussels, August 3, 1914 (7 a.m.) 
 The German Government stated in their note of the 
 2nd August, 1914, that according to reliable informa- 
 tion French forces intended to march on the Meuse via 
 Givet and Namur, and that Belgium, in spite of the 
 best intentions, would not be in a position to repulse, 
 without assistance, an advance of French troops. 
 
 The German Government, therefore consider them- 
 selves compelled to anticipate this attack and to vio- 
 late Belgian territory. In these circumstances, Ger- 
 many proposed to the Belgian Government to adopt a 
 friendly attitude towards her, and undertook, on the 
 conclusion of peace, to guarantee the integrity of the 
 Kingdom and its possessions to their full extent. The 
 note added that if Belgium put difficulties in the way 
 of the advance of German troops, Germany would be 
 compelled to consider her as an enemy, and to leave 
 
 Notes 
 
 146 
 
TEXTBOOK OF AERIAL LAWS 
 
 147 
 
 the ultimate adjustment of the relations between the 
 two States to the decision of arms. 
 
 This note has made a deep and painful impression 
 upon the Belgian Government. 
 
 The intentions attributed to France by Germany 
 are in contradiction to the formal declarations made 
 to us on August 1, in the name of the French Govern- 
 ment. 
 
 Moreover, if contrary to our expectation, Belgian 
 neutrality should be violated by France, Belgium in- 
 tends to fulfill her international obligations and the 
 Belgian army would offer the most vigorous resistance 
 to the invader. 
 
 The treaties of 1839, confirmed by the treaties of 
 1870, vouch for the independence and neutrality of 
 Belgium under the guarantee of the Powers, and not- 
 ably of the Government of His Majesty the King of 
 Prussia. 
 
 Belgium has always been faithful to her interna- 
 tional obligations, she has carried out her duties in a 
 spirit of loyal impartiality, and she has left nothing 
 undone to maintain and enforce respect for her neu- 
 trality. 
 
 The attack upon her independence with which the 
 German Government threatens her constitutes a fla- 
 grant violation of international law. No strategic in- 
 terest justifies such a violation of law. 
 
 The Belgian Government, if they were to accept the 
 proposals submitted to them, would sacrifice the 
 honour of the nation and betray their duty towards 
 Europe. 
 
 Conscious of the part which Belgium has played for 
 more than eighty years in the civilisation of the 
 w6rld, they refuse to believe that the independence of 
 Belgium can only be preserved at the price of the vio- 
 lation of her neutrality. 
 
 If this hope is disappointed the Belgian Govern- 
 ment are firmly resolved to repel, by all the means in 
 their power, every attack upon their rights. 
 
 Davignon, 
 
 No. 35. Baron Beyens, Belgian Minister at Ber- 
 lin, to M. Davignon, Belgian Minister 
 for Foreign Affairs 
 
 Berlin, August 4, 1914. 
 Sir, 
 
 I have the honour to transmit to you herewith a 
 translation of part of the speech made to-day in the 
 Reichstag by the Imperial Chancellor on the subject of 
 the infamous violation of Belgian neutrality : — 
 
 "We are in a state of legitimate defence and neces- 
 sity knows no law. 
 
 "Our troops have occupied Luxemburg and have 
 perhaps already entered Belgium. This is contrary 
 to the dictates of international law. France has, it is 
 true, declared at Brussels that she was prepared to 
 respect the neutrality of Belgium so long as it was 
 respected by her adversary. But we know that France 
 is ready to invade Belgium. France could wait ; we 
 could not. A French attack upon our flank in the 
 region of the Lower Rhine might have been fatal. We 
 were, therefore, compelled to ride roughshod over the 
 legitimate protests of the Governments of Luxem- 
 burg and Belgium. For the wrong which we are thus 
 doing, we will make reparation as soon as our military 
 object is attained. 
 
 "Anyone in such grave danger as ourselves, and who 
 is struggling for his supreme welfare, can only be con- 
 cerned with the means of extricating himself; we stand 
 side by side with Austria." 
 
 It is noteworthy that Herr von Bethmann-Hollweg 
 recognises, without the slightest disguise, that Ger- 
 many is violating international law by her invasion 
 of Belgian territory and that she is committing a 
 wrong against us. 
 
 Beyens. 
 
 No. 39. Count de Lalaing, Belgian Minister at 
 London, to M. Davignon, Belgian Min- 
 ister for Foreign Affairs 
 
 (Telegram.) London, August 4, 1914. 
 
 Great Britain this morning called upon Germany to 
 respect Belgian neutrality. The ultimatum says that 
 whereas the note addressed by Germany to Belgium 
 
 Notes 
 
148 
 
 TEXTBOOK OF AERIAL LAWS 
 
 threatens the latter with an appeal to the force of 
 arms if she opposes the -passage of German troops; 
 and whereas Belgian territory has been violated at 
 Gemmenich ; and whereas Germany has refused to give 
 Great Britain a similar assurance to that given last 
 week by France ; therefore Great Britain must once 
 again demand a satisfactory reply on the subject of 
 
 the respect of Belgian neutrality and of the treaty to 
 which Germany, no less than Great Britain, is a signa- 
 tory. The ultimatum expires at midnight. 
 
 In consequence of the British ultimatum to Ger- 
 many, the British proposal which I telegraphed to you 
 is cancelled for the time being. 
 
 Count de Lalaing. 
 
 Notes 
 
INTERNATIONAL LAW OF BOMBARDMENT AND THE WORLD WAR 
 
 Aerial bombardment is limited by article 25 
 of the Hague Convention of 1907, which pro- 
 vides that: 
 
 "the attack and bombardment by any means whatever 
 of towns, villages, habitations or buildings which are 
 not defended is forbidden." 
 
 Article 1 of the Second Hague Convention, 
 respecting Bombardment by Naval Forces in 
 Time of War, declares that : 
 
 "the bombardment by naval forces of undefended 
 ports, towns, villages, dwellings, or buildings is for- 
 bidden." 
 
 Article 27 of the Regulations annexed to the 
 Hague Convention concerning the Laws and 
 Customs of War provide that: 
 
 "in sieges and bombardments all necessary steps should 
 be taken to spare, as far as possible, buildings devoted 
 to religion, art, science and charity, historic monu- 
 ments, hospitals, and places where the sick and 
 wounded are collected, provided they are not used at 
 the same time for military purposes." 
 
 ANDREW CARNEGIE^S PEOPOSAIi TO OUTLAW 
 ArRCEAFT 
 
 Active workers in the "universal peace" move- 
 ment have advocated the outlawing of aircraft 
 as instruments of war. Andrew Carnegie, in 
 a letter to the writer, in February, 1914, wrote: 
 
 "Henry Woodhouse, Esq., 
 
 No. 297 Madison Avenue, 
 
 New York City. 
 "Dear Sir: — 
 
 "Yours of February 14 received. I have hitherto 
 been concerned in regard to the airship becoming an 
 
 instrument of destruction, like submarines, and have 
 expected a movement for debarring them from being 
 used for projectiles or bombs which could be dropped 
 from above to destroy. They should be ultra vires. 
 "Very truly yours, 
 "(Signed) Andrew Carnegie." 
 
 The Honorable William G. Sharp, American 
 Ambassador to France, has repeatedly urged 
 that the nations of the world forbid air bombing. 
 In communications with the writer, beginning 
 in 1911, when Mr. Sharp was a member of the 
 House of Representatives, Mr. Sharp fore- 
 casted the extensive use of aircraft for utilitarian 
 purposes and its great possibilities as a factor to 
 bring about closer understandings and co-opera- 
 tion between nations. He was the spokesman 
 for aeronautics in Congress until he was ap- 
 pointed Ambassador to France, 
 
 Throughout the war Mr. Sharp deplored the 
 "wicked use to which aircraft have been per- 
 verted by the enemy, whose only purpose seems 
 to be to destroy and kill." 
 
 On December 22nd, 1918, while speaking at 
 Le Mans, France, at the Wright-Lafayette cer- 
 emonies, when the foundation stone of the 
 Wilbur Wright monument was laid, he said : 
 
 "The very horrors of its abuses will compel the 
 civilized nations hereafter to abandon forever the em- 
 ployment of aircraft for the casting of bombs. As it 
 is a barbarous method of murdering innocents and is 
 lacking in military value, it should be outlawed by the 
 coming league of nations. The submarine — that 
 other evil genius of modern warfare, and even more 
 monstrous — should similarly be banished." 
 
 Notes 
 
 149 
 
AERIAL VIOLATIONS OF NEUTRALITY DURING THE WORLD WAR 
 
 International laws of war provide that 
 "belligerents are forbidden to move troops or 
 convoys, or other munitions of war or supplies 
 across the territory of a neutral power"; and 
 that "the fact of a neutral power resisting, even 
 by force, attempts to violate this neutrality can- 
 not be regarded as a hostile act." 
 
 The use of aircraft for warfare in the world 
 war brought out new problems which had not 
 been anticipated by the Hague Conventions, the 
 Geneva Conference or the St. Petersburg Con- 
 ference, or the Paris Aeronautic Conference of 
 1910. 
 
 Owing to the necessity of flying at great 
 heights on account of the enemy aerial patrols and 
 anti-aircraft defenses, aeroplanes of the belliger- 
 ent nations were subject to the difficulties at- 
 tending flying at high altitudes by day or night. 
 Excepting when land is in sight an aircraft is 
 apt to drift in strong winds without the knowl- 
 edge of the pilot, therefore subject to drifting 
 over neutral territory without the pilot being 
 aware of it. 
 
 Likewise, bombs dropped from high altitudes 
 are subject to drift caused by strong winds, 
 therefore will drop far from their intended tar- 
 get and on neutral territory, when the neutral 
 territory is close by. 
 
 Aviators on bombing missions are apt to lose 
 their way while flying at high altitudes in clouds 
 or in fogs, or in the darkness of the night, and 
 mistake one place for another and drop their 
 bombs on neutral territory. 
 
 A number of such cases happened during the 
 world war and the belligerent nations apologized 
 and indemnified the neutral nations for the dam- 
 age done. 
 
 A number of aeroplanes of the Allied and 
 Central Powers landed in neutral countries 
 during the war and the planes and the aviators 
 were interned. 
 
 The world war was only a few days old when 
 German aeroplanes began flying over Belgian 
 territory. Some Belgian aeroplanes took up 
 the work of defense. At the time military aero- 
 planes flew low and it was possible to hit them 
 with rifle fire from the ground. There were no 
 anti-aircraft guns in use. 
 
 A press despatch dated August 14th, 1914, 
 stated that two German naval aviation officers 
 who had started from the German island of 
 Bourkem in the North Sea, on a scouting expe- 
 dition, had been forced to descend on the Dutch 
 island of Schiermonnik Oog. The officers were 
 arrested and disarmed. On August 15, 1914, 
 was reported the dropping of bombs on the 
 Belgian city Namur by a German aeroplane. 
 There was also reported the dropping of bombs 
 on the French city of Vesoul and the French 
 town of Lure by a German aviator whose ma- 
 chine carried the French colors. 
 
 At that time it was also announced that the 
 spires of the Cologne, Germany, Cathedral and 
 other churches were being transformed into aero- 
 plane defense stations, guns being mounted on 
 the belfries of the churches. 
 
 Notes 
 
 150 
 
TEXTBOOK OF AERIAL LAWS 
 
 151 
 
 The latter created a new problem which had 
 not been foreseen by the Hague and other Con- 
 ventions. Henceforth reports were printed 
 stating that cities of the belligerent nations 
 which had previously been considered as being 
 wholly in the class of "undefended cities" were 
 outclassed by the use of buildings for anti- 
 aircraft defenses ; and the churches, which were 
 protected by Article 27 of the regulations of 
 the Hague Convention, were outclassed if 
 found to be used as bases for anti-aircraft de- 
 fenses. 
 
 A chronologic record of the bombing raids 
 conducted by the belligerent nations is to be 
 found in the "Textbook of Naval Aeronautics" 
 (published by the Century Co., 1917) ; and the 
 "Textbook of Military Aeronautics," (pub- 
 lished by the Century Company 1918). 
 
 Following the German raids on Belgium, 
 France and England, bombing became general 
 and the neutral countries suffered from time to 
 time by violations of neutrality by belligerent 
 aviators. The subject received considerable at- 
 tention at different times in connection with 
 bombing raids. 
 
 Following the raid by British aviators, who 
 bombarded the Zep{)elin sheds at Friedrichs- 
 hafen in 1914, Mr. Booth asked the Prime Min- 
 ister in the House of Commons if instructions 
 had been given to the aviators who conducted 
 the bombardment to avoid neutral territory and 
 what was the policy of the British Government 
 with regard to the passage of warlike machines, 
 over the land or territorial waters of neutral 
 countries. 
 
 Mr. Churchill, who replied, said: — "Instruc- 
 tions were given to the naval flying officers who 
 
 attacked the Zeppelin factory at Friedrichshafen 
 to avoid neutral territory, and the course drawn 
 on the maps suppHed to them should have taken 
 them well clear of Switzerland. When ma- 
 chines are flying at a great height it is almost 
 impossible for any but a skilled observer to de- 
 termine with any accuracy the course the air- 
 craft are taking unless he is directly beneath 
 them. No agreement was reached at the Paris 
 Conference, 1910, in regard to the passage of 
 belligerent aircraft over neutral territory." 
 
 On April 28th, 1915, the American oil tanker 
 Gushing, on its way from Philadelphia, United 
 States, to Rotterdam, was bombed by German 
 aviators. The U. S. Minister, Henry Van 
 Dyke's report to the U. S. State Department 
 read as follows : 
 
 "American Consul, Rotterdam, reports American 
 steamship Gushing, Capt. Herland, with petroleum, 
 from Philadelphia to Rotterdam, flying American 
 flag, was attacked by German aeroplanes near North 
 Hinder Lightship Thursday afternoon, April 28th. 
 Three bombs dropped. One struck ship causing dam- 
 age but no life lost." 
 
 This attack was mentioned in the note to 
 Germany, which read as follows : 
 
 "The Secretary of State to the American Ambassa- 
 dor at Berlin : 
 
 "Please call on the Minister of Foreign Aff^airs and 
 after reading to him this communication, leave with 
 him a copy. 
 
 "In view of recent acts of the German authorities 
 in violation of American rights on the high seas, 
 which culminated in the torpedoing and sinking the 
 British steamship Lusitania on May 7th, 1915, by 
 which over 100 American citizens lost their lives, it is 
 clearly wise and desirable that the Government of the 
 United States and the Imperial German Government 
 should come to a clear and full understanding as to the 
 grave situation which has resulted. 
 
 Notes 
 
152 
 
 TEXTBOOK OF AERIAL LAWS 
 
 "The sinking of the British passenger steamship 
 Falaba by a German submarine on March 28th, 
 through which Leon C. Thrasher, an American citizen, 
 was drowned ; the attack on April 28th on the Ameri- 
 can vessel Gushing by a German aeroplane, the tor- 
 pedoing on May 1st of the American vessel Gidflight 
 by a German submarine, as a result of which two or 
 more American citizens met their death, and finally 
 the torpedoing and sinking of the steamship Lusi- 
 tania, constitute a series of events which the Gov- 
 ernment of the United States has observed with grow- 
 ing concern, distress and amazement. 
 
 "Recalling the humane and enlightened attitude 
 hitherto assumed by the Imperial German Govem- 
 men in matters of international right and particularly 
 with regard to the freedom of the seas ; having learned 
 to recognize the German views and German influence 
 in the field of international obligation as always en- 
 gaged upon the side of justice and humanity; and 
 having understood the instructions of the Imperial 
 German Government to its naval commanders to be 
 upon the same plane of humane action prescribed by 
 the naval codes of other nations, the Government of 
 the United States was loath to believe — it cannot now 
 bring itself to believe — that these acts, so absolutely 
 contrary to the rules, the practices, and the spirit of 
 modem warfare, could have the countenance and sanc- 
 tion of that great Government." 
 
 At about the time of the Gushing attack, 
 Austrian aviators dropped bombs on Roumanian 
 soil. The Austrian Government expressed its 
 
 regret to Roumania, stating that the accident 
 was due to the mistaking of Severin for a Ser- 
 bian town, and that Austria would indemnify 
 Roumania for the damage done by the three 
 bombs and for the wounding of the two Rou- 
 manian soldiers. 
 
 Switzerland had a great many causes to com- 
 plain for violations of neutrality. INIost of the 
 cases were violations of neutrahty due to bellig- 
 erent aviators flying over Swiss territory. 
 
 On October 7th, 1918, the Second Swiss Bal- 
 loon Company was practicing near Miercourt, 
 Switzerland, some miles from the German fron- 
 tier. Lieut. Walter Flury, of the Swiss Army, 
 was up in a balloon which bore the Swiss cross 
 and the Swiss flag. Two German aeroplanes 
 appeared and turned the fire of their machine 
 guns on the balloon, killing Lieut. Flury and 
 setting the balloon on fire. 
 
 The Swiss Foreign Office sent a note to the 
 German Government protesting vigorously and 
 stating that the Swiss Government expected full 
 satisfaction, including the punishment of the 
 guilty aviators, compensation to the family of 
 the deceased officer, and indemnity for the loss 
 of the balloon destroyed. 
 
 Notes 
 
INTERNATIONAL LAW OF REPRISALS AND THE WORLD WAR 
 
 Reprisals are recognized by international law 
 as legitimate means for compelling the enemy, 
 who has broken the recognized laws of war, to 
 comply with them in the future. The "Manual 
 of the Laws of War," of the Institute of Inter- 
 national Law, limit reprisals as follows : 
 
 "(1) Reprisals are prohibited in case reparation 
 is given for the damage done by an illegal act ; (2) in 
 grave cases, in which reprisals arc an imperative ne- 
 cessity, they must never exceed the degree of the viola- 
 tion committed by the enemy; (3) they may only be 
 resorted to with the authorization of the Commander 
 in Chief; (4) they must in every case respect the laws 
 of humanity and of morality." 
 
 The "British Manual of Land Warfare" de- 
 fines the principles of reprisals as follows; 
 
 "Reprisals between belligerents are retaliation for 
 illegitimate acts of warfare, for the purpose of making 
 the enemy comply in future with the recognized laws 
 of war. . . . They are not a means of punishment, 
 or of arbitrary vengeance, but of coercion. . . . Re- 
 prisals are an extreme measure because in most cases 
 they inflict suffering upon innocent individuals. In 
 this, however, their coercive force exists, and they are 
 indispensable as a last resource." 
 
 The instructions for the armies of the United 
 States specifly that 
 
 "Retaliation will never be resorted to as a measure 
 of mere revenge, but only as a means of protective 
 retribution, and, moreover, cautiously and unavoid- 
 ably; that is to say, retaliation shall only be resorted 
 to after careful inquiry into the real occurrence and 
 the character of the misdeeds that may demand retri- 
 bution. Unjust or inconsiderate retaliation removes 
 the belligerents further and further from the mitigat- 
 
 ing rules of a regular war, and by rapid steps leads 
 them nearer to the internicine wars of savages." 
 
 Following Germany's War Zone Decree of 
 Feb. 4th, 1915, in which she asserted the right 
 to sink all merchant vessels in the zone, public 
 opinion began to demand that the German viola- 
 tions of international laws, by air as well as the 
 violations at sea, be punished by reprisals. This 
 doctrine was opposed strongly by the British 
 and Italian Governments. 
 
 The refusal on the part of the Allied Govern- 
 ments to consider reprisals as a means of punish- 
 ing Germany for her violations of international 
 laws created public dismay, especially when the 
 British, French, Italian and American Govern- 
 ments actually refused to build large aeroplanes, 
 holding that large aeroplanes could only be used 
 for long distance bombing and that whereas the 
 policy was not to conduct air raids on cities in 
 the interior of Germany, there was no need for 
 large aeroplanes. 
 
 Reprisals were proposed repeatedly by mem- 
 bers of the British Parliament, and were opposed 
 by the British Government. 
 
 On March 21st, 1918, General Croft asked 
 the Prime Minister whether, bearing in mind 
 that two British flying men had suffered about a 
 month's imprisonment for dropping pamphlets, 
 it was proposed to inflict a reprisal on two enemy 
 flying men in order to show the German Govern- 
 ment Great Britain's determination to secure 
 proper treatment for British prisoners of war in 
 
 Notes 
 
 153 
 
154 
 
 TEXTBOOK OF AERIAL LAWS 
 
 their hands; and, in future would he consider 
 the advisability of at once taking reprisals for 
 acts committed by the German Government 
 against British prisoners of war instead of giving 
 a time limit during which period British prison- 
 ers were suffering such treatment. Mr. James 
 Hope (Lord of the Treasury) answered as 
 follows : 
 
 "His Majesty's Government are fully determined to 
 take all necessary measures to secure redress for Brit- 
 ish prisoners of war improperly treated by the enemy. 
 We understand that the two British airmen in ques- 
 tion have been released. As regards the second part 
 of the question, I would remind my honorable and gal- 
 lant friend, that both Governments are bound under 
 the Hague agreement to give a month's notice before 
 reprisals are started." 
 
 General Croft then asked : 
 
 "Can the honorable gentleman tell me if it is a fact 
 that German officers have been transferred from the 
 west to the east coast of this country?" to which Mr. 
 Hope replied "It has been thought desirable to trans- 
 fer a number of German officers from the west of 
 England to the east coast, but this must not be re- 
 garded as a measure of reprisals or punishment. 
 The climate of the Kent and Essex coast is at least 
 as good, and probably better, than that in a number 
 of prison camps in Germany." 
 
 Mr. Billing, M. P., asked the Prime Minister 
 whether his attention had been called to a state- 
 ment that Germany was prepared to refrain 
 from air attacks on Great Britain providing 
 British raids over German territory cease; and 
 whether, having regard to the avowed policj^ of 
 the Government that British air raids into Ger- 
 many were in no sense reprisals, but legitimate 
 acts of war, he would accept this indication from 
 Germany as an expression of the success of their 
 new aggressive air pohcy, and, in consequence, 
 
 redouble British aerial activity over German 
 towns. Mr. Bonar Law rephed: "As regards 
 the first part of the question, I have seen certain 
 statements in the press. As regards the second 
 part of the question, the Government are doing 
 everything in their power to make the raids into 
 Germany effective." Mr. Billing then asked: 
 "Can the House understand that the raids which 
 are being carried out into Germany are consid- 
 ered by His Majesty's Government at legit- 
 imate acts of war, and will not be discontinued 
 in the event of the enemy squealing on the point 
 of reprisals," to which Mr. Bonar Law replied: 
 "The House does understand that they are, 
 in our opinion legitimate acts of war, and such 
 acts are by no means undertaken as reprisals." 
 
 The Vatican and Air Raids 
 
 On June 3rd, 1918, at the House of Commons, 
 Colonel Sir F. Hall asked the Prime Minister 
 if, in response to an appeal received through the 
 Vatican, the Government have undertaken that 
 there should be no aircraft attack on cities not 
 in the vicinity of the battlefront during the day- 
 time on May 30 ; whether a like appeal was made 
 to the Allied Governments concerned; and, if 
 so, with what result ; if he can state whether any 
 similar action has at any time been taken by the 
 Vatican with reference to the bombing of hos- 
 pitals and the torpedoing of hospital ships by 
 the Germans ; and, if so, with what result ; and, 
 if not, whether, as the hves of British soldiers 
 and sailors wounded while fighting in the de- 
 fence of freedom may be regarded as of not less 
 value than those of the persons who assemble 
 on Corpus Christi Day to pray for the success 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 155 
 
 of Germany in her attacks on the liberties of 
 the world, the Government will take the oppor- 
 tunity to make representations to the Vatican 
 on the matter. 
 
 Mr. R. McNeill asked the Prime Minister 
 whether an understanding was given, or an an- 
 nouncement made, by the British Government 
 that a German town should be immune from at- 
 tack by British aircraft on May 30; if so, at 
 whose request was such an undertaking given 
 and what reasons were offered for compliance 
 with it; were the military authorities in France 
 consulted on the subject; was any promise of 
 reciprocal immunity from aerial attack by Ger- 
 many on cities of the Allies obtained in consider- 
 ation of such an undertaking; if he was aware 
 that a church in Paris was bombarded on that 
 day by the Germans ; and will he give an assur- 
 ance that no such unmerited favour to the enemy 
 will be allowed to interfere with the prosecution 
 of military operations in future? 
 
 Captain Carr-Gomm asked the Prime Min- 
 ister whether, when assenting to the request of 
 the Vatican that there should be no air attack 
 on Cologne on the feast of Corpus Christi, the 
 attention of the Vatican was drawn to the shell- 
 ing of Paris on Good Friday, whereby casual- 
 ties were inflicted on the congregation of a 
 church, to the recent aerial bombardment of hos- 
 pitals at Etaples, and to the air raid on London 
 on Whit-Sunday night? 
 
 Mr. Bonar Law: The appeal referred to 
 was received by the French and British Govern- 
 ments, and the reply in the terms already an- 
 nounced was sent after consultation and in 
 agreement with the French Government. The 
 staff of the Air Ministry was also consulted. 
 
 The action of the Germans in shelling Paris in 
 spite of our undertaking will not be forgotten, 
 in the event of any similar appeal being made in 
 the future. 
 
 Sir F. Hall: Can the right hon. gentleman 
 say whether any undertaking was given by the 
 German Government that the aircraft used for 
 the protection of the back areas should not be 
 used for bombing our hospitals and troops on 
 Corpus Christi Day? 
 
 Mr. Bonar Law: It was precisely in con- 
 nection with a question of this kind that we con- 
 sulted the staff of the Air Ministry. They were 
 of opinion that the use referred to could not be 
 made, if for no other reason than that the notice 
 was too short to enable other dispositions to be 
 made. 
 
 Captain Carr-Gomm: Has the attention of 
 the Vatican been drawn to the fact that on Whit- 
 Sunday night London was bombed by German 
 aircraft, and to other facts? 
 
 Mr. Bonar Law: No; they were not. It is 
 quite obvious that the Government would have 
 been fully justified in view of the raids at Whit- 
 suntide in refusing altogether to consider such 
 an application. In addition to that, it seems 
 to me an example of German mentality that 
 such a request should have been put forward 
 after what happened at Whitsuntide. Though 
 I think it was an impudent request it does 
 not follow that it would be unwise to accede 
 to it. 
 
 Mr. Herbert Samuel: Can the right hon. 
 gentleman say whether the Germans were asked 
 to take reciprocal action to spare on that day 
 other places behind the British lines, and, if not, 
 why not? 
 
 Notes 
 
156 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Mr. Bonar Law. They were not, I should might have impUed that we were making a bar- 
 have thought that such a request was quite un- gain. We were not ; we were doing this because 
 necessary. If we had made such a request it we thought it was right to do it. 
 
 Notes 
 
AIR CLAUSES OF THE PEACE TREATY 
 
 The following clauses of the Treaty of Peace 
 which relate to aeronautics are most interesting : 
 
 SECTION III 
 
 Article 198 — The armed forces of Germany 
 must not include any military or naval air 
 forces. 
 
 Germany may, during a period not extending 
 beyond October 1, 1919, maintain a maximum 
 number of one hundred seaplanes or flying 
 boats, which shall be exclusively employed in 
 searching for submarine mines, shall be fur- 
 nished with the necessary equipment for this 
 purpose, and shall in no case carry arms, muni- 
 tions or bombs of any nature whatever. 
 
 In addition to the engines installed in the 
 seaplanes or flying boats above mentioned, one 
 spare engine may be provided for each engine 
 of each of these craft. 
 
 No dirigible shall be kept. 
 
 Article 199 — ^Within two rnonths from the 
 coming into force of the present Treaty the 
 personnel of the air forces on the rolls of the 
 German land and sea forces shall be demobi- 
 lized. Up to October 1, 1919, however, Ger- 
 many may keep and maintain a total number of 
 one thousand men, including ofiicers, for the 
 whole of the cadres and personnel, flying and 
 non-flying, of all formations and establishments. 
 
 Article 200 — Until the complete evacuation 
 of German territory by the Allied and Asso- 
 ciated troops, the aircraft of the Allied and 
 Associated Powers shall enjoy in Germany 
 
 freedom of passage through the air, freedom of 
 transit and of landing. 
 
 Article 201 — During the six months follow- 
 ing the coming into force of the present Treaty, 
 the manufacture and importation of aircraft, 
 parts of aircraft, engines for aircraft, and parts 
 of engines for aircraft, shall be forbidden in all 
 German territory. 
 
 Article 202 — On the coming into force of the 
 present Treaty, all military and naval aeronau- 
 tical material, except the machines mentioned in 
 the second and third paragraphs of Article 198, 
 must be delivered to the Governments of the 
 Principal Allied and Associated Powers. 
 
 Delivery must be effected at such places as 
 the said Governments may select, and must be 
 completed within three months. 
 
 In particular, this material will include all 
 items under the following heads which are or 
 have been in use or were designed for warlike 
 purposes : 
 
 Complete aeroplanes and seaplanes, as well 
 as those being manufactured, repaired or as- 
 sembled. 
 
 Dirigibles able to take the air, being manufac- 
 tured, repaired or assembled. 
 
 Plant for the manufacture of hydrogen. 
 
 Dirigible sheds and shelters of every kind for 
 aircraft. 
 
 Pending their delivery, dirigibles will, at the 
 expense of Germany, be maintained inflated 
 with hydrogen ; the plant for the manufacture of 
 hydrogen, as well as the sheds for dirigibles, may. 
 
 Notes 
 
 157 
 
158 
 
 TEXTBOOK OF AERIAL LAWS 
 
 at the discretion of the said Powers, be left to 
 Germany until the time when the dirigibles are 
 handed over. 
 
 Engines for aircraft. 
 
 Nacelles and fuselages. 
 
 Armament (guns, machine guns, light ma- 
 chine guns, bomb-dropping apparatus, torpedo- 
 dropping apparatus, synchronisation appara- 
 tus, aiming apparatus) . 
 
 Munitions (cartridges, shells, bombs loaded 
 or unloaded, stocks of explosives or material for 
 their manufacture) . 
 
 Instruments for use on aircraft. 
 
 Wireless apparatus and photographic or 
 cinematograph apparatus for use on aircraft. 
 
 Component parts of any of the items under 
 the preceding heads. 
 
 The material referred to above shall not be 
 removed without special permission from the 
 said Governments. 
 
 Inter-Allied Commissions of Control — 
 Sec. IV 
 
 Article 203 — All the military, naval and air 
 clauses contained in the present Treaty, for the 
 execution of which a time-limit is prescribed, 
 shall be executed by Germany under the con- 
 trol of Inter-Allied Commissions specially ap- 
 pointed for this purpose by the Principal Alhed 
 and Associated Powers. 
 
 Article 210 — The Aeronautical Inter-Allied 
 Commission of Control will represent the Gov- 
 ernments of the Principal Allied and Associated 
 Powers in dealing with the German Govern- 
 ment in all matters concerning the execution of 
 the air clauses. 
 
 In particular it will be its duty to make an 
 inventory of the aeronautical material existing 
 in German territory, to inspect aeroplane, 
 balloon and motor manufactories, and factories 
 producing arms, munitions and explosives ca- 
 pable of being used by aircraft, to visit all aero- 
 dromes, sheds, landing grounds, parks and 
 depots, to authorize, where necessary, a removal 
 of material and to take delivery of such mate- 
 rial. 
 
 The German Government must furnish to the 
 Aeronautical Inter- Allied Commission of Con- 
 trol all such information and legislative, admin- 
 istrati^'e or other documents which the Commis- 
 sion may consider necessary to ensure the com- 
 plete execution of the air clauses, and in par- 
 ticular a list of the personnel belonging to all 
 the German Air Services, and of the existing 
 material, as well as of that in process of manu- 
 facture or on order, and a list of all establish- 
 ments working for aviation, of their positions, 
 and of all sheds and landing grounds. 
 
 Part VIII — Reparation, Annex 1 
 
 Compensation may be claimed from Ger^ 
 many under Article 232 above in respect of the 
 total damage under the following, categories : — 
 
 Damage to injured persons and to surviving 
 dependents by personal injury to or death of 
 civihans caused by acts of war, including bom- 
 bardments or other attacks on land, on sea, or 
 from the air, and all the direct consequences 
 thereof, and of all operations of war by the two 
 groups of belligerents wherever arising. 
 
 Damage in respect of all property wherever 
 situated belonging to any of the AUied or Asso- 
 
 Notes 
 
TEXTBOOK OF AERIAL LAWS 
 
 159 
 
 dated States or their nationals, with the excep- 
 tion of naval and military works or materials, 
 which has been carried off, seized, injured or 
 destroyed by the acts of Germany or her allies 
 on land, on sea or from the air, or damage 
 directly in consequence of hostilities or of any 
 operations of war. 
 
 Part XI — Aerial Navigation 
 
 Article 313 — The aircraft of the Allied and 
 Associated Powers shall have full liberty of 
 passage and landing over and in the territory 
 and territorial waters of Germany, and shall 
 enjoy the same privileges as Gernian aircraft, 
 particularly in case of distress h\ land or sea. 
 
 Article 314 — The aircraft of the Allied and 
 Associated Powers shall, while in transit to any 
 foreign country whatever, enjoy the right of 
 flying over the territory and territorial waters 
 of Germany without landing, subject always to 
 any regulations which may be made by Ger- 
 many, and which shall be applicable equally to 
 the aircraft of Germany and to those of the 
 Allied and Associated countries. 
 
 Article 315^A11 aerodromes in Germany 
 open to national public traffic shall be open for 
 the aircraft of the Allied and Associated 
 Powers, and in any such aerodrome such air- 
 craft shall be treated on a footing of equality 
 with German aircraft as regards charges of 
 every description, including charges for landing 
 and accommodation. 
 
 Article 316 — Subject to the present provi- 
 
 sions, the rights of passage, transit and landing, 
 provided for in Articles 313, 314 and 315, are 
 subject to the observance of such regulations as 
 Germany may consider it necessary to enact, 
 but such regulations shall be applied without 
 distinction to German aircraft and to those of 
 the Allied and Associated countries. 
 
 Article 317 — Certificates of nationality, air- 
 worthiness, or competency, and licenses, issued 
 or recognised as valid by any of the Allied or 
 Associated Powers, shall be recognised in Ger- 
 many as valid and as equivalent to the certifi- 
 cates and licenses issued by Germany. 
 
 Article 318 — As regards internal commercial 
 air traffic, the aircraft of the Allied and Asso- 
 ciated Powers shall enjoy in Germany most 
 favoured nation treatment. 
 
 Article 319 — Germany undertakes to enforce 
 the necessary measures to ensure that all Ger- 
 man aircraft flying over her territory shall com- 
 ply with the Rules as to lights and signals, Rules 
 of the Air and Rules for Air Traffic on and in 
 the neighborhood of aerodromes, which have 
 been laid down in the Convention relative to 
 Aerial Navigation concluded between the Allied 
 and Associated Powers. 
 
 Article 320 — The obligations imposed by the 
 preceding provisions shall reinain in force until 
 January 1, 1923, unless before that date Ger- 
 many shall have been admitted into the League 
 of Nations or shall have been authorised, by con- 
 sent of the Allied and Associated Powers, to 
 adhere to the Convention relative to Aerial Navi- 
 gation concluded between those Powers. 
 
 Notes 
 
AERIAL PRIZE COURT NEEDED 
 
 When the British Prize Court, in January, 
 1919, awarded a prize bounty to the British 
 aviators who had participated in the destruction 
 of the German cruiser Breslau, a precedent 
 was established which permits considering the 
 application in the air of the principles of Mari- 
 time Prize Law. 
 
 If the prize law is applicable in the air, then 
 the five French aviators who captured the L-49 
 Zeppelin on October 20, 1917, are entitled to 
 part of the $2,000,000, which was the value of 
 the captured airship, and a prize bounty for the 
 nineteen members of the crew made prisoners; 
 and the Allied aviators who captured enemy 
 aeroplanes are likewise entitled to part of the 
 value of the captured planes and prize bounty 
 for enemy aviators made prisoners. 
 
 Aviators' Part in Destruction of the 
 "Breslau" 
 
 The aviators' part in the destruction of the 
 Breslau, and the award of prize bounty are 
 told in the following account from the London 
 Times: 
 
 The President of the Prize Court made a decree for 
 2,750 Pounds as prize bounty on a motion on behalf 
 of H.M.S. Raglan, M.28, Lizard, Tigress, Supernal, 
 and Anchor of Hope II, and a squadron of aero- 
 planes, for the destruction of the German Cruiser 
 Breslau. 
 
 Captain Maxwell Anderson, R.N., who appeared in 
 support of the motion, said that this was the first 
 claim which had been made by officers of H.M. Air 
 
 Force, and it was made by virture of Section 3, sub- 
 Section 2 of the Naval Prize Act, 1918. The crew of 
 the Breslau numbered 550 persons, and, therefore^ 
 the bounty claimed at 5 Pounds a head amounted to 
 2,750 Pounds. An affidavit had been sworn by Lord 
 Broome, the senior officer present. It was as follows : 
 
 On Jan. 20th, 1918, I was in conunand of His 
 Majesty's ship Raglan and senior officer of a de- 
 tached squadron consisting of His Majesty's ships 
 M.S8 (Lt.-Cmdr. Donald Macgregor, R.N.), Liz- 
 ard (Lt. Norman Albert Gustave Ohlenschlager, 
 R.N.), Tigress (Lt.-Comdr. Joseph Bernard Ne- 
 vill, R.N.), Supernal and Anchor of Hope II. 
 The said detached squadron was a part of the naval 
 force blockading the Dardanelles. At about 5 a.m. 
 on the said Jan. 20th when near Kusu the German 
 cruisers Goeben and Breslau were observed by my 
 squadron and an engagement followed. In the course 
 of the said engagement the Breslau was forced on to 
 the British minefields in the vicinity and there blew 
 up and sank. The Goeben, seriously damaged, made 
 good her escape, while of my force H.M.S. Raglan 
 and M.S8 were destroyed. From survivors rescued 
 and taken prisoners I ascertained that the crew of 
 the Breslau consisted of 550 persons and no more. 
 
 In addition to His Majesty's ships there took part 
 in and were present at the destruction of the Bres- 
 lau certain aircraft, a part of the Air Force, em- 
 barked in H.]M.S. Ark Royal. The names of the 
 crews, being the pilots and observers of the said air- 
 craft, are as follows : Capt. Ralph Squire Sorley, 
 Capt. T. W. B. Grigson, Capt. T. R. Hackman, Capt. 
 T. H. Piper, Capt. P. K. Fowler, Capt. C. B. Win- 
 cott, Lt. D. F. Murray, Lt. F. C. Smith, and Lt. O. R. 
 Gayford. 
 
 In reply to the President, counsel said that the 
 M.^8 was a monitor. 
 
 Mr. Case for the Procurator-General, did not od- 
 pose the motion. 
 
 Solicitors — Mr. Arthur Tyler, on behalf of Messrs. 
 
 Notes 
 
 160 
 
TEXTBOOK OF AERIAL LAWS 
 
 161 
 
 Stilwell and Sons, Navy and Prize Agents, for H.M.S. 
 Raglan, M.28 and Anchor of Hope II; Mr. Arthur 
 Tyler, on behalf of Messrs. Cox and Co., Navy and 
 Prize Agents, for Aircraft embarked on H.M.S. Ark 
 Royal; Messrs. Botterell and Roches, on behalf of 
 Messrs. Holt and Co., Navy and Prize Agents, for 
 H.M.S. Tigress and Lizard; and the Treasury So- 
 licitor for the Procurator-General. 
 
 Bounty Awarded for Destruction of U.B.20 
 by Aviators 
 
 In the British Prize Court on February 17th, 
 1920, before the President, a prize bounty 
 amounting to £120 was granted to the crews 
 of H.M. Seaplanes 8,662 and 8,676 for the 
 sinking of U.B.20 on July 29th, 1917. 
 
 Major Arthur Barker, R.A.F., who at that 
 time was second in command of Seaplane 8,662, 
 and a sub-lieut. R.N.A.S., stated that the late 
 Capt. Charles Leslie Young, D.S.C., R.A.F., 
 was in command when Seaplane 8,662, in com- 
 pany with Seaplane 8,676 (Major Warren 
 Rawson Mackenzie, R.A.F.), sighted a sub- 
 marine in the North Sea. Both aircraft en- 
 gaged the U-boat, which was hit on the stem 
 by the first bomb dropped. For eight or nine 
 minutes the submarine manoeuvred on the sur- 
 face, but after other bombs had hit her she sank 
 by the stern, and her sides burst open. There 
 were no survivors of a crew of 24. 
 
 How the L-49 Was Captured 
 
 The official report of Lieut. Lefevre, com- 
 mander of the aerial patrol that captured the 
 L-49, is of special interest as it relates the first 
 capture of an airship and the case may yet come 
 before the prize courts. 
 
 The report, which is reproduced from the 
 magazine Air Power (New York), reads as 
 follows : 
 
 Soon after 6 p. m. on the 20th of October, 1917, the 
 cyclist of the Squadron brought the following tele- 
 phone message: 
 
 "At 6.10 an enemy Zeppelin came over Espinal, go- 
 ing north — 2500 to 3000 meters in height." 
 
 I immediately informed all the pilots of the squad- 
 ron and sent by the cyclist the order to bring out im- 
 mediately all the machines available. 
 
 Arrived on the ground at 6 :25, and having doubt of 
 the presence of the Zeppelins, I telephoned to Espinal, 
 who twice signalled rapidly of the presence of two 
 Zeppelins flying together. The weather was abso- 
 lutely bad — a thick bank of fog, very low, hid the 
 heavens and I hesitated to send out my pilots. How- 
 ever, I gave order to Sub-Lieut. Lefargue to go up 
 and cross the bank of fog, to see if he could detect the 
 Zeppelins, and report immediately. 
 
 Sub-Lieut. Lefargue left at 6:30 and returned at 
 6 :35, reporting that the fog was very thick up to 800 
 meters ; but above that the sky was blue — and had seen 
 the two Zeppelins. 
 
 I gave orders to the patrol— Sub-Lieut. Lefargue, 
 chief of the patrol ; Marechal des Logis De la Marque, 
 Corporal Fourrier Vandendorpe, Corporal Denis, and 
 Corporal Gresset, to take their departure. The Sub- 
 Lieut. Lefargue started immediately, and the other 
 three followed. Only Corporal Vandendorpe could 
 not leave on account of motor trouble. 
 
 My machine was not available, so I ordered out the 
 machine of Marechal des Logis D — who had gone on 
 leave the day before, and went quickly, following Cor- 
 poral Denis. 
 
 The machines were lost immediately in the bank of 
 fog, but 1 found them again at 900 meters, as we 
 emerged from the layer of fog. Sub-Lieut. Lefargue 
 was at the head of the formation. 
 
 Immediately I saw the two Zeppelins at a great 
 height, steering towards the northeast. I was between 
 Espinal and Luneville. The fog was thick and com- 
 pletely hid the earth from me, so I did not know 
 exactly where I was. 
 
 Notes 
 
162 
 
 TEXTBOOK OF AERIAL LAWS 
 
 The patrol still climbing to gain height, I directed 
 their course between the Zepps, to cut off the route 
 homeward. Arriving at the height of 4000 meters, 
 the Zepp at the right must have seen us, for it changed 
 its course from northeast to go straight north, follow- 
 ing thereby the second Zepp at the left. At this time 
 we were only four, one of the Nieuports, that of Cor- 
 poral Denis, having left us. 
 
 Arriving at a height of 5300 meters, the patrol 
 found themselves higher than the Zepps. We dived 
 for them. 
 
 Thinking of attacking, the Zeppelins made a quarter 
 turn, going to the southwest ; the second higher fol- 
 lowed the same manoeuvre. The first result succeeded, 
 because they made a half turn, going in the direction of 
 France. 
 
 Sub-Lieut. Lefargue, chief of the patrol, now at- 
 tacked the L-49, which was the beginning of the fight. 
 The other aviators immediately followed the example. 
 
 The Zeppelin, fearing the attack, seemed to descend. 
 At this moment I counted my machines — we were five. 
 Corporal Vandendorpe had rejoined us. 
 
 While the Zeppelins pointed down, we followed them 
 without shooting. But as soon as they tried to 
 straighten themselves, immediately two machines would 
 dive simultaneously, and as soon as the L-49 heard the 
 guns she dived again. After a sudden dive, she started 
 to go up almost straight. 
 
 At that moment we dived down, and the Zeppelin 
 did not insist. 
 
 To make her dive without her catching fire, we con- 
 tinued to shoot a few cartridges at her side. Arriving 
 in the neighborhood of 1000 meters, the Zepp hoisted 
 
 the white flag, signaling her surrender. We continued 
 to make circles around her. 
 
 At about 300 meters, I saw the earth. We passed 
 at about 200 meters between two woods, and the 
 dirigible settled easily. We made several turns around 
 until the crew had come out and the baUoon showed 
 she could not leave the ground. 
 
 This was at 8 :45. I landed immediately at a dis- 
 tance of about 800 meters from the airship, followed 
 by three of my pilots, and I rushed across the fields, 
 gathering with me as I went some peasants and hun- 
 ters. 
 
 Arriving at the side of the Zeppelin, we saw the 
 crew grouped at about 100 meters from the L-49. 
 The captain of the airship came towards me and. said, 
 "You are the winner. Here is my crew, and I place 
 myself under your protection and consider myself a- 
 prisoner of war." 
 
 I immediately assembled some civilians with guns 
 and placed the L-49 under the guard of two pilots and 
 the volunteers, and with the marshal of the logis de la 
 Alarque at the head of the nineteen prisoners, I went 
 to Bourbonne-les-Bains, fearing all the while that the 
 population would become excited and strike the pris- 
 oners, who were then turned over to the gendarmes to 
 keep them isolated one from the other. 
 
 Corporal Denis gave chase to the second Zepp. 
 Arriving at an altitude of 5600 meters he entered a 
 lively fight, continuing to 800 meters. 
 
 He was caught under a violent fire of their guns, 
 throwing explosive bullets. Having run out of gas, 
 he landed at Chetives (10 kilometers de Neuf Cha- 
 teau) at 9:20. 
 
 Notes 
 
SALE OF AIRCRAFT TO WARRING NATIONS BY MANUFACTURERS OF 
 
 NEUTRAL NATIONS 
 
 In 1914, soon after the beginning of the 
 World War, American aircraft manufacturers 
 received orders from Allied countries for land 
 aeroplanes and hydroaeroplanes. Germany 
 protested against the exportation of hydro- 
 aeroplanes claiming that they were "vessels," 
 therefore subject to the restrictions provided 
 in Article 8 of the Convention Concerning 
 Rights and Duties of Neutral Powers in Naval 
 War, which are as follows : 
 
 "A neutral Government is bound to employ the 
 means at its disposal to prevent the fitting out or 
 arming of any vessel within its jurisdiction which it 
 has reason to believe is intended to cruise, or engage 
 in hostile operations against a Power with which that 
 Government is at peace. It is also bound to display 
 the same vigilance to prevent the departure from its 
 jurisdiction of any vessel intended to cruise, or en- 
 gage in hostile operations, which has been adapted 
 entirely or partly within the said jurisdiction for use 
 in war." 
 
 The U. S. State Department rendered the 
 opinion that "both the hydroaeroplane and the 
 aeroplane are essentially aircraft; as an aid in 
 military operations they can only be used in the 
 air; the fact that one starts its flight from the 
 surface of the sea and the .other from the land is 
 an incident which in no way affects their aerial 
 character." 
 
 The following statement was also issued by 
 the State Department in October, 1914: 
 
 "The Department of State has received numerous 
 inquiries from various merchants and other persons 
 
 as to whether they should sell to Governments of na- 
 tions at war contraband articles without violating the 
 neutrahty of the United States ; and the department 
 has also received complaints that sales of contraband 
 were being made on the apparent supposition that they 
 were unneutral acts which this Government could pre- 
 vent. 
 
 "In view of the number of communications of this 
 sort which have been received, it is evident that there 
 Is a widespread misapprehension among the people 
 of this country to the obligations of the United States 
 as a neutral nation in relation to trade in contraband 
 and as tq the powers of the executive branch of the 
 government over persons who indulge in it. For this 
 reason it seems advisable to make an explanatory 
 statement on the subject for the information of the 
 public. 
 
 "In the first place it should be understood that, gen- 
 erally speaking, a citizen of the United States can sell 
 to a belligerent Government or its agent any article 
 of commerce which he pleases. He is not prohibited 
 from doing this by any rule or international law, by 
 any treaty provision or by any statute of the United 
 States. It makes no difference whether the articles 
 sold are exclusively for war purposes, such as fire- 
 arms, explosives, etc., or are foodstuffs, clothing, 
 horses, etc., for the use of the army or navy of the 
 belligerent. 
 
 "Furthermore a neutral Government is not com- 
 pelled by international law, by treaty or by statute to 
 prevent these sales to a belligerent. Such sales there- 
 fore by American citizens do not in the least affect the 
 neutrality of the United States. 
 
 "It is true that such articles as those mentioned 
 are considered contraband and are, outside the terri- 
 torial jurisdiction of a neutral nation, subject to 
 seizure by an enemy of the purchasing Government, 
 but it is the enemy's duty to prevent the articles reach- 
 ing their destination, not the duty of the nations whose 
 
 Notes 
 
 163 
 
164 
 
 TEXTBOOK OF AERIAL LAWS 
 
 citizens have sold them. If the enemy of the purchas- 
 ing nation happens at the time to be unable to do 
 this, that is for him one of the misfortunes of war; 
 the inability, however, imposes upon the neutral gov- 
 ernment no obligation to prevent the sale. 
 
 "Neither the President nor any executive depart- 
 ment of the Government possesses the legal authority to 
 interfere in any way with trade between the people of 
 this country and the territory of a belligerent. There 
 is no act of Congress conferring such authority or 
 prohibiting traffic of this sort with European nations, 
 although in the case of neighboring American repub- 
 lics, Congress has given the President power to pro- 
 
 claim an embargo on arms and ammunition when, in 
 his judgment, it would tend to prevent civil strife. 
 
 "For the Government of the United States itself to 
 sell to a belligerent nation would be an unneutral act, 
 but the right of a private individual to sell to a bellig- 
 erent any product of the United States is neither un- 
 lawful nor unneutral, nor within the power of the 
 Executive to prevent or control. 
 
 "The foregoing remarks however do not apply to 
 the outfitting or furnishing of vessels in American 
 ports or of military expeditions on American soil in 
 aid of a belligerent. These acts are prohibited by the 
 neutrality laws of the United States." 
 
 Notes 
 
ENGLAND-HOLLAND FLYING CONVENTION 
 
 Pending a definite agreement on the basis of 
 the International Air Convention, and in order 
 to enable Dutch and British Aircraft to visit 
 England and the Netherlands should they so 
 desire, during the Aircraft Exhibition at Am- 
 sterdam in 1919 arrangements were made with 
 the Netherlands and Belgian Governments for 
 the temporary opening of civil communication 
 by air between the Netherlands and Great 
 Britain. In view of the distance of the sea pas- 
 sage from the East Coast of England to Hol- 
 land, seaplanes only may cross by this route, and 
 aeroplanes will proceed to Holland via the 
 Straits of Dover, France, and Belgium. Ar- 
 rangements have been made, by the courtesy of 
 the Belgian authorities, for a refuelling base at 
 Evere, near Brussels. Aeroplanes proceeding 
 to Holland by this route may cross the Belgian 
 frontier at any point which may be suitable. 
 
 The following is the text of the agreement 
 with Holland : 
 
 Except in emergency, both seaplanes and 
 aeroplanes entering Holland must land at Am- 
 sterdam. 
 
 Except in emergency, aircraft entering Eng- 
 land must land at : (1) Seaplanes, Felixstowe; 
 (2) aeroplanes, Lympne or Hounslow. 
 
 Seaplanes will cross the Dutch coast between 
 Scheveningen and Ymuiden. Aeroplanes en- 
 tering Holland via Belgium may cross the Bel- 
 gian frontier at any point which may be suit- 
 able. 
 
 Seaplanes will cross the English coast be- 
 tween Orfordness and the Naze, aeroplanes be- 
 tween Folkestone and Dungeness. 
 
 All machines and pilots taking advantage of 
 these facilities must be provided with and carry 
 such documents as may be required by their re- 
 spective Governments, or by the competent 
 authority. 
 
 Passports will be carried by both passengers 
 and crews, but such passports will not require 
 the Dutch visa on leaving the United Kingdom 
 if the period of stay in Holland does not exceed 
 two days. 
 
 No goods must be carried, either on the out- 
 ward or return journey, without Customs for- 
 malities being observed. 
 
 If aviation material is destined definitely for 
 Holland Customs dues must be paid. 
 
 A similar provisional convention was signed 
 between Switzerland, France and Great Brit- 
 ain on February 20, 1920. 
 
 Notes 
 
 165 
 
BRITISH AERIAL TRANSPORT COMMITTEE 
 
 The Interallied Aeronautic Committee of the 
 Peace Conference was greatly assisted by the 
 exhaustive report of the British Aerial Trans- 
 port Committee which was appointed by the 
 British Government on May 22nd, 1917, and re- 
 ported on February 7th, 1918. The names of 
 the members of this important committee and 
 the departments, etc., represented by them fol- 
 low: 
 
 * Viscount Northcliffe, Chairman. 
 Major Baird, C.M.G., D.S.O., M.P., Deputy Chairman. 
 The Duke of AthoU, K.T., D.S.O., Mr. A. E. Berriman, 
 
 O.B.E., Major-General W. S. Brancker, A.F.C., Air Min- 
 istry. 
 Mr. J. H. Balfour Browne, K.C., Sir M. D. Chalmers, K.C.B., 
 
 Home Office. 
 Mr. G. B. Cockburn, O.B.E., t The Earl of Drogheda, Foreign 
 
 Office. 
 Mr. G. E. A. Grindle, C.M.G., Colonial Office. 
 Sir Laurence Guillemard, K.C.B., Board of Customs and 
 
 Excise. 
 Mr. G. Holt-Thomas, Mr. Claude Johnson. (Resigned 11th 
 
 March, 1918.) Mr. W. Joynson Hicks, M.P., Mr. F. W. 
 
 Lanchester. (Resigned 21st February, 1918.) Sir Thomas 
 
 Mackenzie, K.C.M.G., Dominion of New Zealand. 
 Brig.-General E.M. Maitland, D.S.O., Major-General Sir J. 
 
 W. McCay, K.C.M.G., C.B., Commonwealth of Australia. 
 Brig.-General Lord Montagu, C.S.I., India Office. 
 Mr. G. E. P. Murray, C.B., General Post Office. 
 Lieut.-Colonel M. O'Gorman, C.B., t The Hon. Sir G. H. Per- 
 
 ley, K.C.M.G., Dominion of Canada. 
 Colonel J. C. Porte, C.M.G., Col. J. W. Pringle, Board of 
 
 Trade. 
 Major-General Ruck, C.B., C.JI.G., Rt. Hon. W. P. Schreiner, 
 
 C.M.G., K.C., Union of South Africa. 
 Sir Napier Shaw, LL.D., F.R.S., Meteorological Office. 
 Mr. J. D. Siddeley, C.B.E., Mr. T. Sopwith, C.B.E., Lord 
 
 Sydenham, G.C.S.I., G.C.M.G., G.B.E. (Resigned 11th 
 
 * 'V'iscoiint Northcliffe was called away on a mission to the United 
 States after the first meeting, May 31st, 1917, and from that time down 
 to the date on \yliich the Final Report was presented. Major Baird acted 
 as Chairman of the Committee. 
 
 t Lord Drogheda resigned on January 31st, 1918, and the Hon. 0. 
 H. Tufton, C.M.G., was appointed in his place to represent the Foreign 
 
 } Lieut. Colonel E. B. Wayland represented Sir G. Perley on all the 
 Special Committees, and, when necessary, at meetings of the Main Com- 
 mittee. 
 
 February, 1918.) Brig.-General A. V. Vyvyan, D.S.O., 
 Admiralty. 
 Mr. H. G. Wells, Mr. H. White-Smith, Mr. W. Tyson Wilson, 
 M.P. (Resigned 16th June, 1917.) 
 
 The following, who had been co-opted as members of the 
 Special Committees, were appointed members of the Main 
 Committee on December 12th, 1917: — 
 
 Mr. Butler Aspinall, K.C. 
 
 Mr. Leonard Bairstow, C.B.E., F.R.S. 
 
 Major the Right Hon. H. T. Baker, M.P. 
 
 Captain F. S. Barnwell, O.B.E. 
 
 Mr. R. O. Gary, O.B.E. 
 
 Mr. A. E. L. Chorlton, C.B.E. 
 
 Mr W. Barnard Faraday. 
 
 Sir R. T. Blazebrook, C.B., F.R.S. 
 
 Brig.-General R. M. Groves, C.B., D.S.O., A.F.C. 
 
 Mr. Nevile Gwynne. 
 
 Sir Frank Heath, K.C.B. 
 
 Colonel H. G. Lyons, F.R.S. 
 
 Mr. Arthur Morley. 
 
 Professor J. E. Petavel, F.R.S. 
 
 Mr. Frank Pick. 
 
 Major E. Elvey Robb. 
 
 Colonel the Master of SempiU. 
 
 Major T. Vincent Smith, M.C. 
 
 Major G. I. Taylor. 
 
 Mr. A. E. Turner. 
 
 Mr. H. J. Wilson. 
 
 The following were also appointed members of the Main 
 Committee : — 
 
 December 1st, 1917. The right Hon. Lord Morris, K.C.M.G. 
 (representing Newfoundland). 
 Colonel P. N. Buckley (additional repre- 
 sentative of the Commonwealth of Aus- 
 tralia. 
 ' I/ieut.-Colonel D. H. Hyde Thomson. 
 Lieut.-Colonel J. T. C. Moore-Brabazon, 
 
 M.C. 
 Lieut.-Colonel W. Lockwood Marsh. 
 February Sth, 1918. The Hon. C. H. Tufton, C. M. G. (See 
 note t above.) 
 
 SECRETARIAT. 
 
 Mr. D. O. Malcolm, Secretary. 
 
 Captain E. H. Tindal Atkinson, Assistant Secretary. 
 
 Mr. H. Harper, Assistant Secretary (Technical). 
 
 March 9th, 1918. 
 
 March 13th, 1918. 
 March 13th, 1918. 
 
 March 13th, 1918. 
 
 1918, 
 
 Colonel Hyde Thomson was killed in a flying accident on May 21st, 
 
 Notes 
 
 166 
 
DISQUALIFICATION BY A NATIONAL CLUB EXCLUDES DISQUALIFIED 
 ORGANIZATION OR PILOT FROM PARTICIPATION IN 
 CONTESTS THROUGHOUT THE WORLD 
 
 As provided by the rules of the International 
 Aeronautic Federation, disqualification by a na- 
 tional aero club, excludes the disqualified or- 
 ganization or pilot or person from participation 
 in contests or events throughout the world. 
 Notice of disqualification is sent by the national 
 aero club to the Federation, which notifies the 
 national aero clubs of the world. 
 
 Notice of disquahfication is also sent to the 
 aero clubs affiliated with the national aero 
 clubs in each country. Records made by the 
 disqualified pilot are not recognized. The 
 duration of the period of disqualification is left 
 to the discretion of the national aero club. 
 
 How the Aero Club of America Issues Pilot 
 Certificates in United States 
 
 The Aero Club of America, whose head- 
 quarters are in New York City, has been the 
 sole representative of the International Aero- 
 nautic Federation in the United States since 
 1905 and in this capacity has issued the pilot 
 certificates, sanctioned contests and enforced the 
 regulations of the International Aeronautic 
 Federation in the United States. 
 
 At the beginning of the calendar year 1920 
 the Club had issued a total of close to 8000 
 international pilot certificates which are recog- 
 nized by the authorities in every part of the 
 world. Rules and regulations and the tests to 
 be met by pilot to obtain the F. A. I. certificate 
 
 can be obtained from the Secretary, Aero Club 
 of America, New York City. 
 
 How Aerial Contests and Records Have Been 
 Controlled Since 1905 
 
 Since 1905 Aerial contests have been con- 
 trolled throughout the world by the regulations 
 enacted by the International Aeronautic Fed- 
 eration (Federation Aeronautique Interna- 
 tionale) which is a Federation of the national 
 aero clubs of the countries of the world. 
 
 The Federation's jurisdiction over contests 
 and records, and its authority to sanction aero- 
 nautic events and license pilots has been recog- 
 nized by the French Courts and by the Govern- 
 ments of different countries. The National 
 Aero Club of each country is a member of the 
 Federation and enforces the Federation's rules 
 and regulations in the country which it repre- 
 sents. 
 
 French Court's Decision Recognizing Aero 
 Club of France's Authority to Dis- 
 qualify Another Club 
 
 The authority of a national aero club, mem- 
 ber of the International Aeronautic Federation, 
 to disqualify another club for not complying 
 with the rules of the Federation was first recog- 
 nized by a French Court in January, 1911, fol- 
 lowing the suit for damages brought against the 
 Aero Club of France, the representative of the 
 
 Notes 
 
 167 
 
168 
 
 TEXTBOOK OF AERIAL LAWS 
 
 Federation in France, by the Aeronautique 
 Club of France, which had been disquahfied 
 by the former for faihng to comply with the 
 regulations of the Federation in organizing a 
 contest. 
 
 The opinion rendered in this case is produced 
 herewith in the original French, together with 
 an English translation: 
 
 Le 9 Janvier, la 5° Chambre supplementaire du Tri- 
 bunal civil de la Seine, presidee par M. de Gauran, a 
 rendu son jugement dans le proces intente par I'Aero- 
 nautique-Club de France a 1' Aero-Club de France et 
 a donne pleinement gain de cause a ce dernier. Ainsi 
 se trouve tranche au profit de I'Aero-Club de France 
 un point de droit sportif des plus importants qui 
 interesse en meme temps tons les groupements regissanfc 
 les divers sports dans un pays donne. Nous n'in- 
 sisterons pas sur le point en litige qui est tres nette- 
 ment indique dans le dispositif du jugement reproduit 
 oi-dessous. Nous tenons simplement a faire ressortir 
 la prudence et la moderation avec lesquels 1' Aero-Club 
 avait use du droit qui lui etait conteste et que les 
 tribunaux viennent de consacrer. 
 
 Voici les attendus du jugement: 
 
 "Attendu que 1' Aeronautique Club de France ayant 
 ete a la date du 18 juin 1910 disqualifie pour un an 
 par la Commission sportive de 1' Aero-Club de France, 
 demande du tribunal I'annulation de la disqualification 
 prononcee centre lui et 10,000 fr. de dommages- 
 interets pour le prejudice que cette mesure lui aurait 
 cause ; 
 
 "Attendu que pour apprecier le bien fonde de cette 
 demande il echet d'examiner quelle est I'etendue des 
 pouvoirs dont dispose I'Ae. C. F. ; 
 
 "Attendu qu'a la date du 14 octobre 1905, sous 
 le titre de 'Federation Aeronautique Internationale' 
 il a ete fonde une union Internationale entre les 
 federations ou clubs regissant le sport aeronautique 
 dans leurs nations respectives ; que I'Ae. C. F. est la 
 seule puissance sportive en France reconnue par la 
 F. A. I. et que seule elle a qualite pour accepter 
 I'affiliation des so9ietes aeronautiques fran9aises; 
 qu'aux termes de I'article 10 de son reglement, les 
 
 On January 19th, the Fifth Supplementary Cham- 
 ber of the Civil Tribunal of the Seine, M. de Gauran 
 Presiding Justice, rendered its decision in the action 
 brought by the Aeronautique Club of France against 
 the Aero Club of France, giving judgment fully in 
 favor of the latter. Thus the Aero Club has profited 
 by the establishment of one of the most important 
 points of law governing sports, which simultaneously 
 affects all the groups controlling the various sports 
 in any given country. We will not dwell upon the 
 point in litigation, which is very clearly set forth in 
 the course of judgment reproduced below. We con- 
 tent ourselves merely with emphasizing the prudence 
 and moderation with which the Aero Club had exer- 
 cised the rights that were challenged and which the 
 courts have now confirmed. 
 
 The following are the findings of the Court : 
 
 "Inasmuch as the Aeronautique Club of France, 
 having been on the date of June 18, 1910, disqualified 
 for one year by the Sports Committee of the Aero 
 Club of France, asks of the Court the annulment of 
 the disqualification pronounced against it and 10,000 
 fcs. damages for the injury which said disqualification 
 has caused it. 
 
 "Inasmuch as in order to determine whether this 
 demand is well founded, it is necessary to determine 
 the extent of the powers vested in the Aero Club of 
 France. 
 
 "Inasmuch as on the date of October 11, 1905, 
 there was founded, under the title of 'International 
 Aeronautic Federation,' an international union be- 
 tween the federations or clubs controlling the aero- 
 nautic sport in their respective nations; That the 
 Aeronautique Club of France is the only club in 
 France whose authority is recognized by the Inter- 
 national Aeronautic Federation, and the only one 
 which is authorized to accept the affiliation of French 
 aeronautic societies ; and that by the terms of Article 
 10 of its Constitution, the affiliated societies are bound 
 to respect the rules of the sport as laid down by the 
 International Aeronautic Federation and the special 
 regulations of the Aero Club of France. 
 
 "Inasmuch as on the date of April 6, 1906, the 
 Aeronautique Club of France requested and obtained 
 its affiliation, binding itself by this very act to subject 
 
 Notes 
 
DISQUALIFICATION 
 
 169 
 
 societes adh^rentes sont tenues de respecter les regies 
 sportives de la F. A. I. et les reglements particuliers 
 de I'Ae. C. F. ; 
 
 "Attendu qu'a la date du 6 avril 1906 I'Aeronau- 
 tique Club de France a sollicite et obtenu son affilia- 
 tion, s'engageant par cela meme a soumettre aux 
 statuts de I'Ae. C. F. dont il avail pris connaissance ; 
 
 "Attendu que le chapitre III des statuts et regle- 
 ments de la F. A. I. edicte des mesures generales 
 d'organisation applicables a tous les concours; qu'il 
 est dit notamment que les reglements des concours 
 organises par les societes affiliees doivent specifier en 
 premiere page que ces concours ont lieu sous les 
 reglements de la F. A. I. ; 
 
 "Attendu que I'Aeronautique-Club avait organise 
 le dimanche 2 aout 1908 un concours d'atterrissage 
 en omettant d'indiquer que cette epreuve etait courue 
 sous les reglements de la F. A. I. ; qu'une observation 
 lui a ete faite a ce sujet par la Commission Sportive 
 de I'Aero-Club qui a pour mission de faire respecter 
 les statuts et, le cas echeant, de faire prononcer des 
 sanctions penales; que I'A. C. D. F. refusa de se 
 soumettre pretextant que son concours etait reserve 
 aux seuls pilotes de sa societe; 
 
 "Attendu que la Commission sportive en presence 
 de cette premiere infraction imputable a une inter- 
 pretation des reglements ne crut pas devoir insister 
 et se borna seulement a inviter la societe affiliee a 
 prendre bonne note pour I'avenir que tous ses con- 
 cours sans exception devaient etre organises sous les 
 reglements de la F. A. I. ; 
 
 "Attendu qu'a la date du 15 mai 1910, I'A. C. D. F. 
 organisa au Pare de Rueil un concours 'de plus longue 
 distance' en ne faisant pas figurer dans son pro- 
 gramme qu'il etait place sous les reglements de la 
 Federation ; que la Commission sportive de I'Ae. C. F. 
 la prevint le 26 mars 1910 de vouloir bien reparer 
 cette -omission, mais qu'elle refusa de s'incliner pre- 
 textant comme elle avait fait en 1908 que son concours 
 etait reserve aux seuls pilotes munis de son brevet ; 
 
 "Attendu que la Commission sportive dans sa 
 seance du 29 avril 1910 decida que si I'A. C. D. F. 
 persistait dans sa resistance les organisateurs du con- 
 cours, les officiels et tous les concurrents qui y 
 prendraient part seraient disqualifies ; 
 
 itself to the rules of the Aero Club of France, of which 
 it already had knowledge. 
 
 "Inasmuch as Chapter III of the Statutes and 
 Regulations of the International Aeronautics Fed- 
 eration establishes the general terms of organization 
 applicable to all competitions; that it is specifically 
 stated that the regulations of competitions organized 
 by the affiliated societies must specify on the first 
 page that these competitions take place under the 
 rules of the International Aeronautic Federation. 
 
 "Inasmuch as the Aeronautique Club had organized, 
 Sunday, August 2, 1908, a competition in alighting, 
 and had neglected to state that the contest was to be 
 held under the rules of the International Aeronautic 
 Federation; that notice of this omission was served 
 by the Sports Committee, whose duty it is to see that 
 the rules are obeyed, and in case of infringement to 
 decree the penalties; that the Aeronautique Club of 
 France refused to obey, on the ground that its con- 
 test was limited to the pilots among its own members. 
 
 "Inasmuch as the Sports Committee, confronted 
 with a first infraction attributable to a different in- 
 terpretation of rules, did not feel called upon to insist, 
 beyond notifying the affiliated society must remember 
 that in the future all its contests, without exception 
 would have to be conducted under the regulations of 
 the International Aeronautic Federation. 
 
 "Inasmuch as on the date of May 15, 1910, the 
 Aeronautique Club of France organized at the Pare 
 de Rueil a contest 'For the Longest Distance,' with- 
 out including in its program any statement that the 
 contest was to be held under the rules of the Federa- 
 tion; that the Sports Committee of the Aero Club 
 of France gave notice on March 26, 1910, that this 
 omission must be corrected, but that the other society 
 refused to yield, claiming as it already had done in 
 1908 that its contest was limited to pilots of its own 
 membership. 
 
 "Inasmuch as the Sports Committee, at a meeting 
 held April 29, 1910, decided that if the Aeronautique 
 Club of France persisted in its refusal, the organizers 
 of the contest, the officers and all competitors who 
 took part in the contest should be disqualified. 
 
 "Inasmuch as before rendering its decision public, 
 the Sports Committee gave notice of it to the Presl- 
 
 Notes 
 
170 
 
 TEXTBOOK OF AERIAL LAWS 
 
 "Attendu toutefois qu'avant de rendre publique sa 
 decision, la Commission sportive en informa le presi- 
 dent de I'A. C. D. F. par lettre recommandee du 30 
 avril 1910, faisant appel a son esprit sportif pour 
 1' observation des reglements ; qu'une autre lettre du 
 4< mai 1910 egalement recommandee fut encore en- 
 voyee dans le meme sens; 
 
 "Attendu qu'enfin le 11 juin 1910 pour tacher de 
 vaincre la resistance de la societe affiliee, le secretaire 
 de la Commission sportive ecrivait a son president: 
 'Dans le but de tenter un dernier effort de con- 
 ciliation et pour vous prouver tout le desir de 
 la Commission sportive d'eviter I'application d'une 
 mesure de rigueur, je suis charge de vous remettre 
 sous ce pli le communique de disqualification qui sera 
 public centre votre club, si la presente lettre est 
 restee sans reponse le lundi 13 courant a 6 heures du 
 
 soir' ; 
 
 "Attendu qu'aucune reponse n'etant arrivee a la 
 date fixee la Commission sportive, le 18 juin 1910, 
 disqualifia pour la duree d'une annee I'A. C. D. F. ; 
 
 "Attendu qu'aux termes de I'article 7, paragraphe 
 10, des statuts et reglements de la F. A. I. les com- 
 missions sportives sont chargees de constituer pour 
 tous les cas prevus la haute juridiction sportive; 
 qu'aux termes de I'article 63 des memes statuts la 
 disqualification a temps 'est une des penalites que 
 lesdites commissions ont le pouvoir d'infliger' ; 
 
 "Attendu qu'il est certain que I'Ae. C. F. tient di- 
 rectement ses pouvoirs de la F. A. I. et que seule la 
 commission sportive a qualite en France pour pro- 
 noncer les penalites prevues par ses reglements, il 
 echet maintenant d'examiner si c'est a bon droit 
 qu'elle a pris contre la societe demanderesse la mesure 
 de rigueur incriminee; 
 
 "Attendu que le chapitre III des statuts de la F. 
 A. I. concerne les 'mesures generales d'organisation 
 applicables a tous les concours' ; qu'O. ressort des 
 termes memes de ce titre que quelle que soit la nature 
 du concours, qu'il soit international, public ou meme 
 prive, il doit dans tous les cas avoir lieu sous les 
 reglements de la F. A. I. ; que si une premiere f ois en 
 1908, la societe A. C. D. F. avait pu se meprendre sur 
 ^interpretation des statuts, elle ne pent invoquer sa 
 bonne foi pour le concours 1910; qu'ainsi qu'il a ^te 
 
 dent of the Aeronautique Club of France, in a letter 
 dated April 30, 1910, appealing to his spirit as a 
 sportsman to see that the rules were observed; that 
 another letter, dated May 4th, 1910, couched in simi- 
 lar terms, was also sent. 
 
 "Inasmudi as finally on the 11th of June, 1910, in 
 a further attempt to overcome the resistence of the 
 aflSliated society, the secretary of the Sports Com- 
 mittee wrote to its president: 'To the end of making 
 a last attempt at conciliation and proving to you 
 the great desire of the Sports Committee to avoid 
 resorting to harsh measures, I am required to notify 
 you herewith that a notice of disqualification against 
 your club will be made public if the present letter re- 
 mains unanswered on Monday the 13th inst., at 6 
 o'clock p. M.' 
 
 "Inasmuch as no reply having been received on the 
 date assigned, the Sports Committee on June 18, 1910, 
 disqualified the Aeronautique Club of France for the 
 period of one year; 
 
 "Inasmuch as, by the terms of Article 7, paragraph 
 10, of the Statutes and Regulations of the Interna- 
 tional Aeronautic Federation, the Sports Committees 
 are empowered to constitute in all prescribed cases 
 the final jurisdiction in sports; and inasmuch as by 
 the terms of Article 63 of the same Statutes, tem- 
 porary disqualification is 'one of the penalties which 
 the said Committees have the power to inflict' ; 
 
 "Inasmuch as it is established that the Aero Club 
 of France derives its powers directly from the In- 
 ternational Aeronautic Federation, and that its 
 Sports Committee is the sole body in France qualified 
 to pronounce the penalties prescribed by its regular 
 tions ; and inasmuch as it now remains only to decide 
 whether it has legally exercised against the Plaintiff 
 Society the degree of rigor protested against ; 
 
 "Inasmuch as Chapter III of the Statutes of the 
 International Aeronautic Federation concerns the 
 'general measures of organization applicable to aU 
 contests'; and inasmuch as it foUows from the very 
 terms of this section that whatever might be the nature 
 of the contest, whether international, public or even 
 private, it must be conducted in all cases under the 
 rules of the International Aeronautic Federation ; and 
 inasmuch as even if on one first occasion, in 1908, the 
 
 Notes 
 
DISQUALIFICATION 
 
 171 
 
 explique plus haut, elle a ete a diverses reprises pr^ve- 
 nue par la Commission sportive de I'Ae. C. F. et que 
 c'est en toute connaissance de cause qu'elle ne s'est 
 pas conf ormee aux r^glements dont s'agit ; 
 
 "Attendu qu'elle est d'autant moins excusable 
 d'avoir viole les statuts par elle librement acceptes 
 que I'affiliation a I'Ae. C. F. est renouvelable tons les 
 ans; qu'elle connaissait depuis 1908 les conditions 
 dans lesquelles les concours devaient etre etablis et 
 que si ces conditions ne lui convenaient pas, il lui 
 etait loisible de ne pas renouveler son affiliation en 
 1909 et 1910 ; 
 
 "Attendu des lors que la Commission sportive de 
 I'A^. C. F. a avec juste raison pris contre I'Aero- 
 nautique-Club de France une mesure de rigueur que 
 les reglements de la P. A. I. lui permettaient d'infliger ; 
 qu'il y a lieu dans ces conditions de debouter la societe 
 demanderesse. 
 
 "Pour ces motifs, 
 
 "Declare la societe de VAeronautique-Club de 
 France mal fondee en sa demande, I'en deboute et la 
 condamne aux depens." 
 
 M. J. iMBBEca, plaidait pour 
 
 1' Aero-Club de France; 
 M. AzouLAY, plaidait pour 
 
 I'Aeronautique-Club de France.; 
 
 said society, the Aeronautique Club of France, acted 
 on a mistaken interpretation of the rules, it could 
 not again plead good faith in the case of the contest 
 of 1910; especially in view of the fact, as already 
 explained, that it was repeatedly warned by the Sports 
 Committee of the Aero Club of France, and that it 
 deliberately and with full knowledge neglected to con- 
 form with the regulations in question; 
 
 "Inasmuch as this violation of regulations freely 
 accepted by the Plaintiff is all the less excusable, for 
 the reason that affiliation with the Aero Club of 
 France is renewable annually; and that from 1908 
 onward the Plaintiff knew the conditions under which 
 contests must be held, and that if these conditions 
 were not acceptable, the Plaintiff Society was free not 
 to renew its affiliation in 1909 and 1910 ; 
 
 "Inasmuch as the Sports Committee of the Aero 
 Club of France exercised with good cause against 
 the Aeronautique Club of France the disciplinary 
 measure which the rules of the International Aero- 
 nautic Federation permitted it to inflict; and that 
 under these conditions the Plaintiff's claims are with- 
 out foundation; 
 
 "For these reasons, it is Adjudged: That the 
 Plaintiff, the Aeronautique Club of France, has no 
 valid ground for action, and judgment with costs 
 must be entered in favor of the Defendant." 
 
 M. J. Imbkeque, Attorney for the 
 
 Aero Club of France, 
 M. AzouLAT, Attorney for the 
 Aeronautique Club of France. 
 
 Notes