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already issued by competent societies, and for the revocation of licenses, and allows non-residents licensed and having airships registered in the states where they reside to fly ten days in a year in Connecticut without a license. The liability clause (Sec. 11) is as follows:

"Every aeronaut shall be responsible for all damages suffered in this state by any person from injuries caused by any voyage in an air-ship directed by such aeronaut; and if he be the agent or employee of another in making such voyage his principal or employer shall be responsible for such damage."

When aeroplanes become as plentiful as blackberries, Connecticut will be found prepared. Upon the the questions whether an aerial robber is a pirate, and whether an air-ship falls within the admiralty and maritime jurisdiction United States, the statute naturally gives us no light.

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By the Massachusetts Act of May 17, 1913, to regulate the use of air craft, provision is made for the license of aviators upon satisfactory examination and after registration. The duty is imposed of showing the registered number in numerals not less than two feet high. Rules of the air are prescribed for meeting head on, meeting obliquely, and overtaking, corresponding with the marine practice. Air machines are forbidden to fly over municipalities except at prescribed altitudes, or to fly over crowds of people. An aviator is held liable for injury resulting from his flying, unless he can demonstrate that he has taken every reasonable precaution to preevnt such injury.

Throwing or dropping missles without special permission is forbidden as is also landing upon public property without permission.

The Act does not apply to military aviators while in service. Licenses of other states are recognized for a period not exceeding ten consecutive days. Violation of the Acts is punishable by fine of not more than Five Hundred Dollars and imprisonment not more than Six months, or both.

There appear to be very few cases in English or American books upon the liability of aviators.

In the celebrated case of Guille v. Swan, 19 John. (N. Y.) 381 (1822) Guille descended into Swan's garden, his body

hanging out of the car of the balloon in a very perilous situation, and called for help. The balloon as it descended dragged over potatoes and radishes about thirty feet before Guille was taken out. About two hundred persons broke into Swan's garden through the fences, beating down the vegetables and flowers. Swan brought an action of trespass and the court held the Guille was responsible for the acts of the crowd in treading down and destroying the vegetables and flowers. The court said that Guille ought to have foreseen and be responsible for what happened since it was likely to occur and also that his perilous position and cries were equivalent to a request to the crowd to follow him.

There is a Scotch case whose facts are much like those of Guille v. Swan. It is Scott's Trustees v. Moss, 17 Ct. of Session (4th series) 32 (1889). In this case, the defendant, who was not the aeronaut but the occupant of a recreation ground, had advertised a descent of a parachute. The descent occurred upon a farm adjoining, and a crowd, who had not been in the recreation ground, rushed in and trampled a field of turnips where the parachute descended. It was held the action would lie, if the occurrence was the natural and probable result of the defendant's acts.

In the Green Bag for August, 1911, (Vol. 23, p. 398) will be found a translation of a short but very interesting article by Professor Hans Sperl setting forth the prevailing theory in Germany that the state is unrestrained sovereign over the air above, but accepting in the main the analogy of territorial waters, and supporting the absolute liability of aviators for all damage caused by them, without regard to negligence. I make the following quotation from this article:

"A very remarkable case was brought up in the Belgian Chamber of Deputies in June, 1909, by the Minister of Justice, Lantsheere. Near a small town a balloon began to collapse from loss of gas. The pilot, seeing himself forced to land, chose for himself an open space beyond the town. As he flew just above the roofs of the houses, with his ropes dragging in the streets, the inhabitants, supposing he wished to be drawn down, seized the ropes. The aeronaut cried to them to release him; his cries were not

understood, were assumed to be cries for help, and the townsmen pulled the balloon to the earth. The pilot was forced to open his valve to release the gas. In the second story of a house in the narrow street a man was smoking; his cigarette ignited the escaping gas, and there was an explosion, with dead, wounded and destruction of property. The court compelled the aeronaut to pay all damages, because he was held responsible for the accident."

It is not unlikely that when the art of aviation is perfected, and air craft become a familiar sight, we will cease to treat the owner of an air-ship as if he kept a wild animal. I do not see why aeroplanes should be put in a different class from automobiles whose operators exact a much heavier toll of life and limb from the public.

Since the days of Darius Green, that ill-fated pioneer in American aviation whose exploits are celebrated in the genial verse of Trowbridge it has been well known that the chief difficulty about flying is alighting. Having for some time hovered lightly over this great subject sustained chiefly by your good will and courteous attention, I have now the ancient trouble about terminals. I will deflate at once hoping for better fortune than the Belgian aeronaut who suffered at the hands of his friends, first an explosion and then a law suit.

Mr. Ewing:-Because we have a natural claim upon him and because of his distinguished ability, and because the Association can not afford to lose hold of a man that can advise us when we get in the air, I move that the Honorable Blewett Lee be made an honorary member of the Association.

A Member:-I second the motion.

The President:-It is moved and seconded that Mr. Lee be made an honorary member of the Bar Association. I will say to Mr. Lee before the motion is put that he does not have to pay dues if that is passed. You are unanimously elected, Mr. Lee, as a member of the Tennessee Bar Association and in its behalf I can extend to you the right hand temporarily of the Association. I mean by that I will not furnish the right hand temporarily, but you will always have it.

Mr. Lee:-Gentlemen, I want to thank you for the very great honor and distinction which you confer upon me. I appreciate nothing more highly.

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Mr. Biggs:-Before we adjourn the chairman will recognize Mr. Burch, chairman of the Central Council, to to make announcement, also some matters which he wants to bring to the attention of the visitors.

Mr. Burch:-Mr. Chairman, the Central Council reports for membership in the Association the following gentlemen: Barnette E. Moses, Memphis.

Stephen R. Roddy, Chattanooga.

J. W. E. Moore, Jr., Brownsville.
J. W. Rankin, Martin.

W. W. Herron, Trenton.
A. B. Adams, Martin.

Walter P. Armstrong, Memphis.
A. B. Galloway, Memphis.
Frank S. Elgin, Memphis.
E. G. Riddick, Memphis.
Thos. A. Evans, Memphis.
Jas. D. Rhea, Memphis.
C. H. King, Memphis.
W. F. Murrah, Memphis.
T. Roane Waring, Memphis.
B. F. Powell, Memphis.
J. C. Adams, Memphis.
Jno. R. Coates, Memphis.
P. W. Lanier, Memphis.
Allen Hughes, Memphis.
Silas McBee, Memphis.
J. E. Holmes, Memphis.
T. K. Riddick, Memphis.
John W. Palmer, Memphis.
E. B. Klewer, Memphis.
C. H. McKay, Memphis.

Robert Asa Davis, Athens.
Samuel S. Kirkpatrick, Jonesboro.

John L. Willis, McMinnville.

J. G. Rogers, Memphis.

L. P. Miles, Memphis.

Phil M. Canale, Memphis.

W. H. Swiggart, Jr., Union City.
J. H. Brown, Memphis.

Upon motion of Hubert Fisher, duly seconded, the following resolution was unanimously adopted:

RESOLUTION

WHEREAS, the Mississippi River is the main outlet for the drainage of two-fifths of the area of the Union, embracing thirtyone States, whose waters subject the alluvial lands of the Lower Mississippi Valley to destructive overflows; and

WHEREAS, the great political parties in their 1912 platforms declared that flood protection of the Valley is a National duty; and

WHEREAS, the engineering department of the United States Government, after thorough investigation, has declared that a system of levees with adequate bank revetment is the only feasible method of flood control; and

WHEREAS, a measure known as the Ransdell-Humphreys bill has been introduced into both branches of the Federal Congress, appropriating $6,000,000, to be distributed over a period of five years, so that this great work may be undertaken at once and pushed rapidly to completion; therefore, be it

RESOLVED, by the Bar Association of Tennessee that this project is of such magnitude and importance to the whole nation as to justify its immediate recognition by Congress in accordance with the plans already provided by the Corps of Engineers of the United States; be it further

RESOLVED, That we ask the members of this State in both houses of Congress to support said Ransdell-Humphreys bill, and that we solicit the aid and co-operation of all commercial organizations throughout the entire United States in its behalf.

Upon motion the meeting adjourned until 2:30 p. m.

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