In this connection we should take into consideration the fact that up to a year ago there was no serious intention of putting flying machines on the market; no preparations had been made to produce them on a commercial scale; no money had been expended in advertis.e.m.e.nts with a view to selling them.
Some of the Actual Results.
Today flying machines are being produced on a commercial basis, and there is a big demand for them. The people making them are overcrowded with orders. Some of the producers are already making arrangements to enlarge their plants and advertise their product for sale the same as is being done with automobiles, while a number of flying machine motor makers are already promoting the sale of their wares in this way.
Here are a few actual figures of flying machine sales made by the more prominent producers since July 25th, 1909.
Santos Dumont, 90 machines; Bleriot, 200; Farman, 130; Clemenceau-Wright, 80; Voisin, 100; Antoinette, 100. Many of these orders have been filled by delivery of the machines, and in others the construction work is under way.
The foregoing are all of foreign make. In this country Curtiss and the Wrights are engaged in similar work, but no actual figures of their output are obtainable.
Larger Plants Are Necessary.
And this situation exists despite the fact that none of the producers are really equipped with adequate plants for turning out their machines on a modern, business-like basis. The demand was so sudden and unexpected that it found them poorly prepared to meet it. This, however, is now being remedied by the erection of special plants, the enlargement of others, and the introduction of new machinery and other labor-saving conveniences.
Companies, with large capitalization, to engage in the exclusive production of airships are being organized in many parts of the world.
One notable instance of this nature is worth quoting as ill.u.s.trative of the manner in which the production of flying machines is being commercialized. This is the formation at Frankfort, Germany, of the Flugmaschine Wright, G. m. b. H., with a capital of $119,000, the Krupps, of Essen, being interested.
Prices at Which Machines Sell.
This wonderful demand from the public has come notwithstanding the fact that the machines, owing to lack of facilities for wholesale production, are far from being cheap. Such definite quotations as are made are on the following basis:
Santos Dumont--List price $1,000, but owing to the rush of orders agents are readily getting from $1,300 to $1,500. This is the smallest machine made.
Bleriot--List price $2,500. This is for the cross-channel type, with Anzani motor.
Antoinette--List price from $4,000 to $5,000, according to size.
Wright--List price $5,600.
Curtiss--List price $5,000.
There is, however, no stability in prices as purchasers are almost invariably ready to pay a considerable premium to facilitate delivery.
The motor is the most expensive part of the flying machine. Motor prices range from $500 to $2,000, this latter amount being asked for the Curtiss engine.
Systematic Instruction of Amateurs.
In addition to the production of flying machines many of the experienced aviators are making a business of the instruction of amateurs. Curtiss and the Wrights in this country have a number of pupils, as have also the prominent foreigners. Schools of instruction are being opened in various parts of the world, not alone as private money-making ventures, but in connection with public educational inst.i.tutions. One of these latter is to be found at the University of Barcelona, Spain.
The flying machine agent, the man who handles the machines on a commission, has also become a known quant.i.ty, and will soon be as numerous as his brother of the automobile. The sign "John Bird, agent for Skimmer"s Flying Machine," is no longer a curiosity.
Yes, the Airship Is Here.
From all of which we may well infer that the flying machine in practical form has arrived, and that it is here to stay. It is no exaggeration to say that the time is close at hand when people will keep flying machines just as they now keep automobiles, and that pleasure jaunts will be fully as numerous and popular. With the important item of practicability fully demonstrated, "Come, take a trip in my airship," will have more real significance than now attaches to the vapid warblings of the vaudeville vocalist.
As a further evidence that the airship is really here, and that its presence is recognized in a business way, the action of life and accident insurance companies is interesting. Some of them are reconstructing their policies so as to include a special waiver of insurance by aviators. Anything which compels these great corporations to modify their policies cannot be looked upon as a mere curiosity or toy.
It is some consolation to know that the movement in this direction is not thus far widespread. Moreover it is more than probable that the compet.i.tion for business will eventually induce the companies to act more liberally toward aviators, especially as the art of aviation advances.
CHAPTER XIX. LAW OF THE AIRSHIP.
Successful aviation has evoked some peculiar things in the way of legal action and interpretation of the law.
It is well understood that a man"s property cannot be used without his consent. This is an old established principle in common law which holds good today.
The limits of a man"s property lines, however, have not been so well understood by laymen. According to eminent legal authorities such as Blackstone, Littleton and c.o.ke, the "fathers of the law," the owner of realty also holds t.i.tle above and below the surface, and this theory is generally accepted without question by the courts.
Rights of Property Owners.
In other words the owner of realty also owns the sky above it without limit as to distance. He can dig as deep into his land, or go as high into the air as he desires, provided he does not trespa.s.s upon or injure similar rights of others.
The owner of realty may resist by force, all other means having failed, any trespa.s.s upon, or invasion of his property. Other people, for instance, may not enter upon it, or over or under it, without his express permission and consent. There is only one exception, and this is in the case of public utility corporations such as railways which, under the law of eminent domain, may condemn a right of way across the property of an obstinate owner who declines to accept a fair price for the privilege.
Privilege Sharply Confined.
The law of eminent domain may be taken advantage of only by corporations which are engaged in serving the public. It is based upon the principle that the advancement and improvement of a community is of more importance and carries with it more rights than the interests of the individual owner. But even in cases where the right of eminent domain is exercised there can be no confiscation of the individual"s property.
Exercising the right of eminent domain is merely obtaining by public purchase what is held to be essential to the public good, and which cannot be secured by private purchase. When eminent domain proceedings are resorted to the court appoints appraisers who determine upon the value of the property wanted, and this value (in money) is paid to the owner.
How It Affects Aviation.
It should be kept in mind that this privilege of the "right of eminent domain" is accorded only to corporations which are engaged in serving the public. Individuals cannot take advantage of it. Thus far all aviation has been conducted by individuals; there are no flying machine or airship corporations regularly engaged in the transportation of pa.s.sengers, mails or freight.
This leads up to the question "What would happen if realty owners generally, or in any considerable numbers, should prohibit the navigation of the air above their holdings?" It is idle to say such a possibility is ridiculous--it is already an actuality in a few individual instances.
One property owner in New Jersey, a justice of the peace, maintains a large sign on the roof of his house warning aviators that they must not trespa.s.s upon his domain. That he is acting well within his rights in doing this is conceded by legal authorities.
Hard to Catch Offenders.
But, suppose the alleged trespa.s.s is committed, what is the property owner going to do about it? He must first catch the trespa.s.ser and this would be a pretty hard job. He certainly could not overtake him, unless he kept a racing aeroplane for this special purpose. It would be equally difficult to identify the offender after the offense had been committed, even if he were located, as aeroplanes carry no license numbers.
Allowing that the offender should be caught the only recourse of the realty owner is an action for damages. He may prevent the commission of the offense by force if necessary, but after it is committed he can only sue for damages. And in doing this he would have a lot of trouble.
Points to Be Proven.
One of the first things the plaintiff would be called upon to prove would be the elevation of the machine. If it were reasonably close to the ground there would, of course, be grave risk of damage to fences, shrubbery, and other property, and the court would be justified in holding it to be a nuisance that should be suppressed.
If, on the other hand; the machine was well up in the air, but going slowly, or hovering over the plaintiff"s property, the court might be inclined to rule that it could not possibly be a nuisance, but right here the court would be in serious embarra.s.sment. By deciding that it was not a nuisance he would virtually override the law against invasion of a man"s property without his consent regardless of the nature of the invasion. By the same decision he would also say in effect that, if one flying machine could do this a dozen or more would have equal right to do the same thing. While one machine hovering over a certain piece of property may be no actual nuisance a dozen or more in the same position could hardly be excused.
Difficult to Fix Damages.
Such a condition would tend to greatly increase the risk of accident, either through collision, or by the carelessness of the aviators in dropping articles which might cause damages to the people or property below. In such a case it would undoubtedly be a nuisance, and in addition to a fine, the offender would also be liable for the damages.
Taking it for granted that no actual damage is done, and the owner merely sues on account of the invasion of his property, how is the amount of compensation to be fixed upon? The owner has lost nothing; no part of his possessions has been taken away; nothing has been injured or destroyed; everything is left in exactly the same condition as before the invasion. And yet, if the law is strictly interpreted, the offender is liable.