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are suggested。 These are as follows：
Aeroplanes； when passing； must keep to the right； and
pass at a distance of at least 150 feet。 They are free
from this rule when flying at altitudes of more than 100
feet。 Every machine when flying at night or during
foggy weather must carry a green light on the right；
and a red light on the left； and a white headlight on the
front。
These are sensible rules； but may be improved upon
by the addition of a signal system of some kind； either
horn； whistle or bell。
Responsibility of Aviators。
Mr。 Jay Carver Bossard； in recent numbers of _Fly_；
brings out some curious and interesting legal points in
connection with aviation； among which are the following：
〃Private parties who possess aerial craft； and desire
to operate the same in aerial territory other than their
own； must obtain from land owners special permission
to do so； such permission to be granted only by agreement；
founded upon a valid consideration。 Otherwise；
passing over another's land will in each instance amount
to a trespass。
〃Leaving this highly technical side of the question；
let us turn to another view： the criminal and tort liability
of owners and operators to airship passengers。 If
A invites B to make an ascension with him in his machine；
and B； knowing that A is merely an enthusiastic
amateur and far from being an expert； accepts and is
through A's innocent negligence injured； he has no
grounds for recovery。 But if A contracts with B； to
transport him from one place to another； for a consideration；
and B is injured by the poor piloting of A；
A would be liable to B for damages which would result。
Now in order to safeguard such people as B； curious to
the point of recklessness； the law will have to require
all airship operators to have a license； and to secure
this license airship pilots will have to meet certain
requirements。 Here again is a question。 Who is going
to say whether an applicant is competent to pilot a balloon
or airship？
Fine for an Aeronaut。
〃An aeroplane while maneuvering is suddenly caught
by a treacherous gale and swept to the ground。 A crowd
of people hasten over to see if the aeronaut is injured；
and in doing so trample over Tax…payer Smith's garden；
much to the detriment of his growing vegetables and
flowers。 Who is liable for the damages？ Queer as it
may seem； a case very similar to this was decided in
1823； in the New York supreme court； and it was held
that the aeronaut was liable upon the following grounds：
'To render one man liable in trespass for the acts of
others； it must appear either that they acted in concert；
or that the act of the one； ordinarily and naturally produced
the acts of the others； Ascending in a balloon is
not an unlawful act； but it is certain that the aeronaut
has no control over its motion horizontally； but is at
the sport of the wind； and is to descend when and how
he can。 His reaching the earth is a matter of hazard。
If his descent would according to the circumstances
draw a crowd of people around him； either out of curiosity；
or for the purpose of rescuing him from a perilous
situation； all this he ought to have foreseen； and must be
responsible for。'
Air Not Really Free。
〃The general belief among people is； that the air is
free。 Not only free to breathe and enjoy； but free to
travel in； and that no one has any definite jurisdiction
over； or in any part of it。 Now suppose this were made a
legal doctrine。 Would a murder perpetrated above the
clouds have to go unpunished？ Undoubtedly。 For felonies
committed upon the high seas ample provision is
made for their punishment； but new provisions will have
to be made for crimes committed in the air。
Relations of Owner and Employee。
〃It is a general rule of law that a master is bound to
provide reasonably safe tools； appliances and machines
for his servant。 How this rule is going to be applied
in cases of aeroplanes； remains to be seen。 The aeroplane
owner who hires a professional aeronaut； that is；
one who has qualified as an expert； owes him very little
legal duty to supply him with a perfect aeroplane。 The
expert is supposed to know as much regarding the machine
as the owner； if not more； and his acceptance of
his position relieves the owner from liability。 When
the owner hires an amateur aeronaut to run the aeroplane； and
teaches him how to manipulate it； even though
the prescribed manner of manipulation will make flight
safe； nevertheless if the machine is visibly defective； or
known to be so； any injury which results to the aeronaut
the owner is liable for。
As to Aeroplane Contracts。
〃At the present time there are many orders being
placed with aeroplane manufacturing companies。 There
are some unique questions to be raised here under the
law of contract。 It is an elementary principle of law
that no one can be compelled to complete a contract
which in itself is impossible to perform。 For instance；
a contract to row a boat across the Atlantic in two
weeks； for a consideration； could never be enforced because
it is within judicial knowledge that such an undertaking
is beyond human power。 Again； contracts formed
for the doing of acts contrary to nature are never
enforcible； and here is where our difficulty comes in。 Is
it possible to build a machine or species of craft which
will transport a person or goods through the air？ The
courts know that balloons are practical； that is； they
know that a bag filled with gas has a lifting power and
can move through the air at an appreciable height。
Therefore； a contract to transport a person in such manner
is a good contract； and the conditions being favorable
could undoubtedly be enforced。 But the passengers'
right of action for injury would be very limited。
No Redress for Purchasers。
〃In the case of giving warranties on aeroplanes； we
have yet to see just what a court is going to say。 It is
easy enough for a manufacturer to guarantee to build a
machine of certain dimensions and according to certain
specifications； but when he inserts a clause in the contract to
the effect that the machine will raise itself from
the surface of the earth； defy the laws of gravity； and
soar in the heavens at the will of the aviator； he is to
say the least contracting to perform a miracle。
〃Until aeroplanes have been made and accepted as
practical； no court will force a manufacturer to turn out
a machine guaranteed to fly。 So purchasers can well
remember that if their machines refuse to fly they have
no redress against the maker； for he can always say；
'The industry is still in its experimental stage。' In
contracting for an engine no builder will guarantee that
the particular engine will successfully operate the aeroplane。
In fact he could never be forced to live up to
such an agreement； should he agree to a stipulation of
that sort。 The best any engine maker wi