CONTENTS Page 1 1 9 22 22 29 33 48 (f) Appendix to committee print of House report_-- (g) Statement of the managers on the part of the House_-_. (h) Extracts from article of Frederic P. Lee on the air com- merce act of 1926 (American Bar Association Journal, II. Legal problems relating to civil air navigation____ (a) Extract from the report of the committee on the law of aeronautics of the American Bar Association (1922) - (b) Extract from the report of the committee on the uniform aviation act of the Conference of Commissioners on Uni. form State Laws (1922)–– (c) Extract from an address of William P. MacCracken, jr., to the First National Air Institute (1922). (b) Extract from report of the committee of the amendment of the law of the Association of the Bar of the City of New York on the uniform State law of aeronautics (1923) __ (c) Extract from the report of the standing committee on air law of the American Bar Association (1927). (d) Extract from the report of the committee on air law of the American Bar Association (1928)__. IV. International agreements relating to civil air navigation. (b) Pan American Convention on Commercial Aviation (1928)__ PREFACE This compilation is a revision of the compilation entitled "Law Memoranda Upon Civil Aeronautics," prepared for the use of the Committee on Interstate and Foreign Commerce of the House of Representatives in 1923 in connection with the committee's consideration of the air commerce act of 1926. The revision consists principally in additional materials setting forth the legislative history of the act, the State air navigation laws and Pan American Convention on Commercial Aviation of 1928, and in the omission of the annexes and regulations under the International Air Navigation Convention of 1919. The compilation is comprised of four parts: 1. The text of the air commerce act of 1926, and committee reports and other materials relating to its legislative history. 2. Articles and reports, together with two unpublished court decisions, relating to legal problems presented by civil air navigation. 3. Materials relating to State legislation upon civil air navigation, including the text of the uniform State aeronautics law and a digest of State regulatory legislation. 4. The text of the two international conventions relating to civil air navigation, which the United States has signed but not ratified. The compilation has been prepared at the direction of the Committee on Interstate and Foreign Commerce of the House of Representatives and in cooperation with Elton J. Layton, Esq., clerk of the committee. The work upon the compilation has been done, under my general supervision, by C. Breck Parkman, clerk of the House branch of the office of the legislative counsel. FREDERIC P. LEE, Legislative Counsel, United States Senate. V (a) Text of act. I. AIR COMMERCE ACT OF 1926 NOTE. The air commerce act of 1926 was enacted May 20, 1926, as Public, No. 254, Sixty-ninth Congress, and will be found in 44 Stat. 568: An Act To encourage and regulate the use of aircraft in commerce, and for other purposes 66 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this act, the term air commerce means transportation in whole or in part by aircraft of persons or property for hire, navigation of aircraft in furtherance of a business, or navigation of aircraft from one place to another for operation in the conduct of a business. As used in this act, the term interstate or foreign air commerce means air commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through the airspace over any place outside thereof; or wholly within the airspace over any Territory or possession or the District of Columbia. SEC. 2. PROMOTION OF AIR COMMERCE.-It shall be the duty of the Secretary of Commerce to foster air commerce in accordance with the provisions of this act, and for such purpose (a) To encourage the establishment of airports, civil airways, and other air navigation facilities. (b) To make recommendations to the Secretary of Agriculture as to necessary meteorological service. (c) To study the possibilities for the development of air commerce and the aeronautical industry and trade in the United States and to collect and disseminate information relative thereto and also as regards the existing state of the art. (d) To advise with the Bureau of Standards and other agencies in the executive branch of the Government in carrying forward such research and development work as tends to create improved air navigation facilities. The Secretary of Commerce is authorized to transfer funds available for carrying out the purposes of this subdivision to any such agency for carrying forward such research and development work in cooperation with the Department of Commerce. (e) To investigate, record, and make public the causes of accidents in civil air navigation in the United States. (f) To exchange with foreign governments through existing governmental channels information pertaining to civil air navigation. SEC. 3. REGULATORY POWERS.-The Secretary of Commerce shall by regulation (a) Provide for the granting of registration to aircraft eligible for registration, if the owner requests such registration. No aircraft shall be eligible for registration (1) unless it is a civil aircraft. owned by a citizen of the United States and not registered under 1 |