By Dr. J. F. Lycklama à Nijeholt (auth.)
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7. Light and warmth. It is often said that the ground-state 1) Meili. Das Luftschiff im internen Recht und Völkerrecht, 1908, p. 28. 49 must needs have sovereignty over the airs pace since the air is the medium through which light and warmth reach the earth. We fail to see the value of this argument. Light and warmth are indispensable to the state, to be sure; but seriously, who expects such a crowd of airships and flying machines that the sun will be darkened by them? The argument can only be of some value for countries having those installations that catch the heat of the sun in order to make this natural force useful ; for instance, by concentrating the sun's rays by means of a hoHow glass on a hot-air motor.
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. O. G. H. 27 Nov. 1907. Österr. Zentralhl. für die juristische Praxis, Jänner 1909. p. 33. In opposition to tbis authority in our favour we found hut a very modest numher of decisions of a different opinion, holding that land-property only extends to what is united with the soil.
Telegraphenwege-Gesetz. 1899. § 12. Uni ted States of America. State of New-York. Transportation Corporation Law, art. VIII. Louisana. Act n° 124, 1880. Ann. de legisl. etrang. X p. 689. 1) J. J. F. Noordziek. Geschiedenis der beraadslagingen gevoerd in de Tweede Karner der Staten·Generaal over het ontwerp van Burgerlijk Wetboek. 1823-24, p. 67. 2) See for instance: Art. 714 and 695 Dutch Code; Code Nap. art. 673 and 678; B. G. §§ 910 and 912; Schweiz. Z. G. B. art. 674; C. c. italien art. 582 and 587; C.