By Dr. J. F. Lycklama à Nijeholt (auth.)
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2. Espionage and other hostilities. Tbe state must be entitled to prohibit all aerial navigation in the neighbourhood of fortifications. Surely the advent of the possibility of spying from tbe skies will bring about a radical change in tbe technics of fortifications. But let it be ever so little, there will probably be something to spy for a long time yet to come. 3. Smuggling. If the state can find a way to enforce its customs also towards airships flying over the earthly frontiers, it must without doubt have the right to do so.
Ne ther lands. Court of appeal of Amsterdam. 18 oct. 1901. W. 7682. France. Cour de Douai 8 juin 1887. Dalloz 1896. 2. 464. Trih. civ. de Compiegne. 19 dec. 1888. 361. Trib. civ. de la Seine 7e Ch. '19 mai 1908 1). England and U. S. America. Pickering v. Rudd. 4 Camp. 219 2). Butler v. Frontier Telephone Co. 186 N. Y. 48ti. Germany. Reichsgericht, Civ. Sen. 21 Sept. 1898. Entsch. des Reichsger. 42. p. 205. Reichsger. Civ. Sen. 29 okt. 1904. Entsch. des Reichsger. Neue Folge IX, p. 116. Austria.
Although, of course, in most cases making laws onIy for the space that is quite near to the soil, they never hesitated, when circumstances made it desirable, to extend their authority quite as weIl to higher regions. The living in high houses already involves an exercise of sovereignty in higher regions than where one Iives in very low houses. If people were going to live in high towers, no state, to be sure, would scrupulously consider whether its sovereignty reaches to the space around the top of those towers.