TWO
AIRPANE OWNERS
RESPONSIBLE FOR
PROPERTY INJURY
Although the Land-Owner's Titl*
" ?*,. ci? " r?-_- !- N.
Way to Prevent Aviators From
Fiyipg Planes Over Your Land
Recent Damage to Property Raise:
Question of Right.
By CALEB JOHNSON
(Special Writer for The Democrat)
Half a dozen airplanes hav<
crashed in the past few months ii
such a way as to damage proper!}
or injure persons on the ground. Tw<
homes were set no fire at Flora
Park. Long Island, by an airplane
falling on them. Another plane dam
aged the roof ox a store in Seatth
when ?! crashed. Still another fel
on the Y. M. C. A. building in Nev
York. Another flyer landed in ;
crowd of people, injuring' several.
Here is a new menace to iives ant
property. How* can it be averted".
Isn't there any way by which th'.
andowner can prevent aircraft iron
crossing his land?
Lets see.
If a stranger enters upon youi
iand w ithout permission you can hayt
ion. T-? -...14^.?*
mtv IO<T vil nun. XL UC i uu'l.ues VUUI
'and, the crop belongs to you. If hi
builds on your land, you own tht
building:.
That is the old, settled law of lane
tenure. You must guard your rights
:for if you do net take steps to ejeel
jl tresspasser for twenty years, at
the end of that time he owns the lane:
ie is occupying; if you don't put s
barrier across the path which runs
over your land and the public uses it
for twenty years, it becomes a pub ic
thoroughfare. Those are the laws
n the states where the English Com
raon Law runs, and in most othei
states by statute.
Those are the laws of the surface
of the soil. But the law goes deeper.
Y'ou own your land all the way tc
the center of the earth. Nobody car
Iig a well, drive a mine shaft, bore a
tunnel under your land, without youi
consent. Except where ownership 01
minerals is reserved to the State, as
in New York, you own all the gold,
oil. iron, precious stones or what not
hat may lie beneath the surface of
your land. You may lease or sell
these sub-surface rights without impairing
your own tenure of the surface.
That is the general law of the
-nonius ui trie eartn.
Ana you own the air above youi
and, all the way to the uttermost
iniits of space. That, too, is an
oid settled rule of law. Nobody ma>
bimd a structure which overhang
your land by the fraction of an inch.
If your neighbor's apple tree ha:
limbs which project over your Fence]
the apples on those limbs arc yours.
The value of these air rights, iikc
the value of the land, depends upoii
the location. In the big cities thev
ire immensely valuable. The owner:
if a big office building in New York
pay $70,000 a year, on a 100-yeai
.'ease, for the air rights above an ad
joining building. This- means that J
P. Morgan and Company, who owi
the low building, cannot build above
the fourth or fifth story for one huh
ired years. The light and air admit
ted to the windows of the big build
ng next door are worth $70,000 s
year and more in increased rents foi
the offices overlooking the Morgai:
building.
A dozen or more great hotels and
apartment houses are built on the
air rights over the New York Ccn.
iral Railroad tracks entering Ne\\
York. This particular stretch of railroad,
running under Park Avenue, i:
owned by the New York and Kaxdeni
and leased to the New York Central.
TL? _ i
xu?r litiuouu uses oniy me trackage
I space, and rents the privilege of
placing great pillars between the
tracks and the right to build huge
buildings supported by those pillars.
The Harlem road is suing the Central
for the vents thus received, saying
it leased to the Central only the
railroad line and not the air rights.
It would seem, then, at first
glance, that the owner of the land
can control the air above it just as
he does the depths beneath it. If
a man drives a team or automobile
across your land without permission,
he is a trespasser. Then is not the
pilot of an airplane, who fiies over
your land also a trespasser?
The law apparently says no.
You can sue for damages and collect
them, if the owner or piiot of
ar aircraft is responsible, if the flier
does any actual damage. If he stampedes
your cattle, frightens your
milch cows,vScatters, your flock of
V ooultry, scares your horses into running
away, you can sue for damages,
but you must prove damage- Merely
flying over your land does not damage
you, so far as the law of aviation
has been defined thus far.
Of course, if an airplane or a dirigible
alights on your land, it is a
trespasser. And if, in alighting, intentionally
or by Accident, it injures
your crops, breaks down your fruit
trees, kills any of your livestock, or
damages any of your buildings, you
iifl
ykh, ^'! I .
(L Ar they'RE
'Jputtin' RAPio sers ?wra
mmmq nekc t) -jumt roi-iv.>
r. t^ever will go home"
| fg I 4
%W>'kM 1 fe I S1S
"Coin matter's" Wido t
J Mr-. .Marv Baird Brysu?, widow of
' ihe late William Jennings Bryan,
I passed ,'"\av at the home of her
daughter, Mrs. Grace Hargreaves. in
lollywood. Cal. Mrs. Bryan was alI:nost
as widely known as her famous
husband, in whose work she took an
^ . I ! I Li
active pan lor many years.
LIVE-AT-HOME PROGRAM TO
BE BROADCAST NEXT WEEX
| As a part of the live-at-home proJI
gram which will be observed in the
. i public schools of the .State during: the
I week beginning: February 10, a radio
* | program has been arranged from
" j .Station WPTF, in Raleigh.
: Each morning from 9:00 to 9:10.
Monday to Friday, inclusive, a talk
1 on some phase of the live-at-home
J idea will be broadcast. On Monday
from 2:00 to 2:10 p. in., a live-athome
message will be sent from the
5 Department of AgricultureThe
speakers for each day's program
are as follows:
Monday?Governor O. Max Card-1
nor.
Tuesday?A. T. Allen, State Su'
perintendent of Public InstructionWednesday?T.
E. Browne, directs
tor of Vocational Education.
Thursday?J. Henry Highsmith.
din ctvi of Division of School In;
snection.
Friday?Miss Rebecca Gushing,
. supervisor of Home Economics Education.
i AU schools owning radios are re
| quested to tune in on these programs,
| and for schools not owning radio sets
it is suggested one he borrowed and
'j placed in the auditorium and that the
;j-sfiuiont body assemhlecnrh day
listen to these talks.
It :s further suggested In educational
authorities that parents ami
others tune in on these programs, or
attend the exercises put on in connection
with the live-at-home program
in the schools.
? r--r?Sff? P| ' f1
rati collect damages for the injury.
Laws governing the operation ol'
planes are stil! largely matters of
State legislation. The Federal Government
will 1 evoke ll'.e license of
any pilot flying closer to the ground
than 500 feet. That is as far as the
national laws go. and flyer.-, who do
nut cross State lines don't have to
have a federal license.
With the multiplication of planes,
the American Bar Association is urg|
ing uniform legislation covering tlani|
ages done by fliers by negligence or
i accident. Delaware, Idaho, Indiana,
Maryland, Michigan. Nevada. North
Carolina, North Dakota, Rhode
I Island, South Carolina, South Dako:|ta.
Tennessee, Utah. Vermont and
| Wisconsin have already adopted laws
! making the owner of the plane liable.
Arizona and Connecticut make
i the pilot equally responsible,
i Hut nowhere can you prevent anybody
from flying over your land at
j the legal height. The situation is sim'
ilar to that of the owner of an oyster
1 bed. He can prevent anyone from
stealing his oysters, or building piers
or driving piles on his submerged
land, but he can't stop anyone from
sailing a boat on the water over the
oyster bed. And if an airplane, flying
so high that you can't read the
. license number on it, causes your
best horse to run away and break
its ieg, that's your hard luck.
DR. CALDWELL'S j
THREE RULES j
Dr. Caldwell watched the result# ol
constipation for 47 years, and believed
that no matter how careful people are
of their health, diet and exercise, constipation
will occur from time to time.
Of next importance, then, is how to treat
it when it comes. Dr. Caldwell always
was in favor of getting as close to nature
as possible, hence his remedy for constipation
is a mild vegetable compound. It
can not harm the. mfwf riAUwita
and ia not habit forming.
The Doctor never did approve of drawtic
physic* and purges. He did not believe
they were good for human beings to put
into their system. U?e Syrup Pepsin for
yourself and members of the family in
constipation, biliousness, sour and crampy
stomach, bad breath, no appetite, headaches,
and to break up fevers and colds.
Get a bottle today, at any drugstore and
observe these three rules of health: Keep
the head coo), the feel warm, the bovrels
open. For a free trial bottle, just write
"Syrup Pepsin," Dept. Bli, Montiecllo,
niv
THE WATAUGA DEMOCRAT?K
j "Little Histories" of
Governors of N. C.
By COL FRED A. OLDS
in Prison News
i The "little histories of the Governors
of North Carolina" are of much
historical interest. There were two
governors named bv Sir Walter Raleigh,
Ralph Lane and John White,
15S5-ST i .""d serviii" 13 months an-i
White I months. Lane, born in 1530.
died 1605. aged 75; White, born in
jl532, died in 1600, aged 68.
Seventeen governors were appoint
ed by the Lords Proprietors or by the
King of Great Britain: Willian
Druramond served 3 years, born ir
1626. was hanged in 1677, aged 51
Samuel Stephens served 2 years
born in 1625, died 1660, aged 44
Peter Carteret, served 3 years; borij
1630. died 1707, aged 77. Seth Soth
el served S years, born 1640, diet
1.690, aged 56. John Harvey serve?
5 years and 8 months, born 1630
died 1679, aged 49. Phillip Ludwell
served 5 years, born 1651, died 1717
aired 66. John Archda'e. served 1
year, born 1642, died 1716, aged 74
Henderson Walker, served 5 years
born 1650, died 1704, aged 54. Ed
ward Hyde, served 2 years, bon
1660. died 1712. aged 52. Thoma:
Pollock, served 4 years and 6 months
born 1654, died 1722, aged 68
Charles Eden, served 8 years, bori
1673. died 1722, aged 49. Georg<
Burrington. served 4 years and (
months, born 170G, died 1759, aget
59. Richard Eyerard, served 9 years
born 1690, died 1750, aged 60. Ga
j Uriel Johnston, served 18 veal's, borr
1690, died 1752, aged 62. Arthui
Dobbs, served 11 years, born 1689
died 1765, aged 76. William Tryon.
served 6 years, born 1729. died 1788,
aged 59. Josiah Martin, served fom
years, born 1737, died I7S6, aged 19.
Twenty-four governors were elected
by the legislature: Richard Caswell.
served 3 years 6 months, born
1729, died 1789, aged 60. Abner
Nosh, served I year, born 1710, died
1781, aged 11. Thomsa Burke,
served 1 year, born 17-17. died 1783,
aged 36. Alexander Martin, served 6
years, born 17 10, died 1807, aged 67.
Samuel Johnston, served 2 years,
horn 1733, died 1S16, aged 83. Richard
Dobbs Spaight Sr., served 1 year,
horn 1758, killed in duel 1802, aged
l ?. Samuel Ashe, served 3 years,
horn 1725, died 1813, aged 88. William
R. L>a\ ie. served 1 year, born
! 756. died 1820. aged 64 Renjamin
Williams, served 1 years, boin 1752,
died 181 1, aged 62. James Turner,
served 3 years, horn 1766, died 1821,
aged 58. Nathaniel Alexander,
served 2 years, fern 1756. died 1808,
aged 52. David Stone, served 2
years, born 1770, died 1835, aged
65. Benjamin Smith, served 1 vear,
horn 1755. died !S26. aged 71. William
Hawkins, served 3 years, born
1777, died 1819, aged 4 2. William
Miller, served 3 years, born 1780,
lied 1823, aged 15. John Branch
served 3 years, born 1782. died 1S63,
aged 81. Jesse Franklin, served 1
year, born 1760, died 1823. aged G3,
Gabriel Holmes, served 3 years, born
1769, died 1829, aged 60. Hutehings
(i. Burton, Served 3 years, born 1774,
died 1836, aged 62. James Iredell,
served l year, born 1788, died 1803,
aged 75. John Owen, served 2 years,
born 1787, died 18-11. aged 51. Montfr.rd?otoices,
ac. Veil 2 years, bom
17110, died 18 12. aged 82. David 1..
Swain, served 3 years, born 1801,
died 1S68, aged 07. Kichnrd Dobb.-.
Spaight Jr., served 1 year, born 1796
died 1850. aged 51.
Twenty - eight governors vv e r e
I elected by the people: Edward I?.
Dudley, served 5 years, born 1789,
died 1855, aged 06. John M. .Morehead,
served : years, born 1796, died
I860, aged 70. William \. Graham,
served 1 years, born 1801, died 1875,
aged 71. Charles Manly, served 2
years, born 1795, died 1871, aged 76.
David S. livid, served 3 years, born
1813. died 1891, aged 78. Warren
Winslow, served 26 days, born 1810,
died 1863, aged 53. Thomas Bragg,
served 1 years, born 1810, died 1872,
aged 02. John W. Ellis,, served 2
VIRGINIA FARMiT
For Sale in the Shenandoah
Valley
j Level, Smooth, Blue-grass Stock,
Dairy, Grain, Orchards, Poultry
; rarmt; rilling station* and flour
| Milts good Home Markets and
near Large Cities.
157 acres, splendid 7-room resij
dence, large new bank barn, new tenement
house and barn, all needed
I farm buildings;. AO-aere lien ring or!
chard; fruit netted $4,750 past two
j years; well watered, fenced and tinnI
bcred; one mile railroad .town?
SlG.000.
200-acre dairy farm, level and
smooth, two houses, one G arid other
5 rooms; new dairy barn, silo and
milk house, cost $2,500. An abundance
fruit, water and timber, three
miles this city?$0,000.
153 acres, new G-room stone residence,
barn and usual buildings; )2
acres timber, 30 acres creek bottom
blue-grass with running water; three
springs on farm, 400 bearing fruit
trees, 40 acres wheat included if sold
at once; one mile highway, 5 miles
this city?$5,000.
100 Acres, fertile, smooth and level.
new 6-roora residence, large barn,
large family orchard, 8 acres timber,
well fenced and watered half mile
large school; 3 miles city over good
road?$4,000.
50-acre poultry and truck farm,
good 7-room house, barn, poultry and
hog houses, school, churches, store
and mill at farm; 7 miles this city
over solid road?$2,500.
Our taxes are low, our highways
built and paid for. If you Want to
live where farming DOES pay, investigate
these farms. Write for details,
tell me your wants?come and see
for yourself.
W. T. BIRMINGHAM
oe U7..? W-*..' ..
WINCHESTER, VIRGINIA
2-6-4c
| years, born 1820, died 18G1. agedifl
\ *1. Her.ry T. Clark, I year, born
ISOS, died 1871. aired 66. Zehulor.
15. Vance, served 5 years, born 1830,
died 1804, aired 0 1. William \V. Hoi-}
den. served 2 1-2 years, born ISIS,
died 1802, aged 71. Jonathan Worth,
served 3 years, born 1802, died
1809, aged 07. Todd R. Caldwell,
served 4 years, born 1818, died
i o-r ? ?cc u r>v i ?
1 *v< i-?, u^vu vv. vuiMO it. t/iuguvit,
{served 2 years, born 1816. died 1901,
aged 85. Thomas J. Jarvis, served
6 years, bcrr. 1836, died 1915. aged
70. Alfred M. Scales, served 4 years,
born 1827, died 1802, aged 65. Daniel
G. Fowle. served 2 years, born
1831, died 1S91, aged 60. Thomas
M. Holt, served 2 years, born 1831,
died 1896, aged 65. Elias Carr,
served 4 years, born 1839, died 1900.
aged 61. Daniel L. Russell, served 4
years, born 1845, died 1908, aged 63. i
Charles B. Aycock, served 1 years,
' born 1859, died 1912, aged 53. RobJ
ert. B. Glenn, served 4 years, born
1854. died 1920, aged 66. William
W. Kitchen, served 4 years, born
186C, died 1924. aged 58. Locke
Craig, served 4 years, born 1860,
gjdjl 1924. aged 61. Thomas \V. Bickett.
served 1 years, born 1869, died
1922. age 53. Cameron Morrison,
served 4 years, born 1869. Angus j
j W. McLean, served 4 years, born
i 1870. Oliver Max Gardner, born in I
1882, began his term January, 1929.1
MY LAND
By Thoma* Osborne Davis
She is a rich and rare land;
Oh, she's a fresh and fair land,
She is a dear and rare land,
This native land of mine.
No men than hers are braver;
Her women's hearts ne'er Waver;
I'd freely die to save her,
And think my lot divine.
She's not a dull nor cold land;
No! She's a warm and bold land; \
Oh. she's a true and old land. I
This native land of mine.
Could beauty ever guard her H
And virtue still reward her,
No foe would cross her border.
No friend within it pine.
Oh. she's a fresh and fair land.
Oh. she's a true and rare land.
\ cs, she's a rare and fair land,
This, native land of mine. ?
Man So Nervous Gets a
Sore When Spoken To ?
"It actually irritated me to have ?
anyone talk to me, I was so nervous. ?
Viiio! ended Lrus and I feel wonder- ?
ful now."?\Vm. Fahy. ?
Vinol is it compound of iron, phos- ?
phatcs. cod liver peptone, etc. The ?
very FIRST bottle makes you sleep $
better and have a BIG appetite. ?
Nervous, easily tired ueople are sur- 5
prised how QUICK the iron, phos- ?
phates, etc., give new life and pep. ?
Vinol tastes delicious. Hodges Drug ?
Company. ?
?Advertisement, q
j
Qreaterj^^
Never has a Chevrolt
praise for its appearai
Chevrolet Six. Its n
reveal in every detai
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tive grouping of th:
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In fact, not a single
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driver and passengei
AT n W 1
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A SIX IN TI
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Tnurs., Fri., Sat., Februs
(MATINEE FRIDAY AND SATl
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MORE LOVING SWE
MORE ROLLICKING
MORE HARD BOILE
Wilkes Hatchery Ope
February first. Make reservatio
oniy $5.00 per tray of I i 2 eggs,
for strong husky chicks from ra
bred, State inspected and blood t
Rocks, R. I. Reds. Hatching eggs
WILKES HA1
NORTH WILKESBi
MWWWWWWVWWAOWWW W
auty -^nerle
*
it car won greater In addition to it
nee than the new Chevrolet Six rt
ew Fisher bodies advance in eve
1 the artistry that ance. Its imprc
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>r car world. In 50 horsepowerrolor,
is balance and gre
jn, they represent Steering has hee:
tyle triumphs in FourLovejoy hyi
lsteries are richer provide except
The instrument Fully enclosed
and more attrac- weather-proof
s control instru- braking control,
ider and deeper. tural improvetr
feature has been dependability,
Id 1
id THE 6HEATKST S
h CHEVROLET
*8. n cnrnautT mburi s
SATLY REDUCE]
95 COUPE *565 ?
95 SORT COUPE.... ?625 DE
15 CLUB SEDAN.... *625 Jk
35 SEDAN *675 CE
AU Iffica /. o- 6. factory. Flint, Michigan
e Chevrol
BOONE. N. C.
IE PRICE RANGE
HEATRE
iry 6th, 7th and 8th
IRDAY, 2:30 O'CLOCK)
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P^liWl SINGING f
IAUGHING I
PPp^ ^W \ Movietone j
r- ?T^Sar^
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LAUGHS!
D BATTLES!
t.s 1930 Season
*
n* for cuitom hatching. *,1
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r iacc your order early
nge grown flocks, pure- <;
estcd. Barred and White ?J
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rCHERY
3RO. N. C. :>
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^iformance
s new beauty, the new
ipresents a remarkable
:ry phase of performived
six-cylinder valvehas
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reserve power,
n made safer and easier. '
fl fa II11 f* cKrwL" O
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, internal-expanding,
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md see this car. And
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D PRICES
f>AN TCLIVERY *595
e I-IGHT
UVERY CHASSIS....:365
rrON CHASSIS *520
elKTON ^
IA&&S WITH CAB....625
(
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OF THE FOUR
*
(