sion 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