51 S.E.2d 610 | Ga. Ct. App. | 1949
The court erred in directing a verdict for the plaintiff, for the reasons set out in the body of the opinion.
"There has been some intimation that because the planes in question are not available at the moment, and may not be intended for interstate flights, Federal laws are not applicable. Such a consideration can not be determinative of this issue.
"In attempting to establish the scope of application of Congressional regulation of aircraft, there arises the question of just how far the regulatory right of the separate States of the Union is involved, and whether the Federal government in its legislation may override the control of the States in dealing with aircraft used exclusively in intrastate operations. The immediately pertinent recent opinion is that found in the case of Aviation Credit Corp. v. Gardner,
"However, the matter of control of aircraft and air navigation would seem by logical interpretation of the Commerce Clause to be resident in the Congress of the United States, despite the fact that in many instances such aircraft may be used solely for operations within the confines of a single State.
"In establishing the right of the Congress to legislate on all matters concerning the traversal of navigable waters by craft of whatever description, the Supreme Court has repeatedly pointed out that commerce includes navigation. In Gilman v.
Philadelphia, 3 Wall, 713,
"This doctrine has been reiterated, time and time again, until the established constitutional basis for Congressional control over navigable rivers and the craft operating thereon is beyond cavil, carping or question. Gilman v. Philadelphia, supra (and other citations).
"In Escanaba Company v. Chicago, supra, the court says (
"The test of whether navigable waters are subject to Congressional control is clearly set forth in most of the cases cited. If the waters afford channels of communication among the states or for commerce with foreign countries, they are ipso facto subject to the constitutionally grounded power for the governing precepts of Congress.
"Since then, Congress has prime control over navigation on the waters of the United States, as described above, a logical extender of the rationale of the Supreme Court in specifically applying the Commerce Clause to regulation of traffic on navigable waters, posits the proposition that Congress has control over navigation in the air, since such navigation constitutes commerce as surely as does carriage of passengers and goods by water. That fact seems so self-evident that this court finds no need for elucidation of the thought. The only further comment required is to point out the incontestible conclusion that Congress has full power to control all aviation activity, since there is no section of the navigable circumambient atmosphere of the United States which is not a part of `a continuous channel for commerce among the states or with foreign countries.' Escanaba Company v. Chicago, supra. The analogy between the two modes of travel, by water and by air, is exact. And the reasons which are compulsive for establishing Congressional control of water navigation as a constitutionally established prerogative are, if anything, more cogent with regard to navigation of the air. There can be no air pocket so closed and confined within *544 the geographical limits of any state as to be incontiguous to the interstate and international highways of the air.
"Unquestionably there are certain fields of endeavor in which local viewpoints, local situations and local interests are determining factors. Others, however, transcend the limitations of parochial interest and become part of the concern of all of the people of America, rather than any one State. Unquestionably, attempted restriction of Federal rights by over clamorous and undue insistence on states rights add nothing to the importance of the State, and by hampering the activities of National Government destroys the effectiveness of its operation in those matters which concern all of the people.
"Since, then, this court is of the opinion that the regulatory provisions of recordation in accordance with the Civil Aeronautics Act is within the scope of proper application of Federal Law in a field of Federal competence, the lien claimed by the United States of America is senior to any claim established under a State law affecting the same object."
The New York case (Gardner) appears to contradict all other Federal and State decisions on questions which are similar but not identical. We will call attention to some of them. There are several decisions by the United States District courts, the United States Circuit courts, and the United States Supreme Court which hold that many of the provisions of the Civil Aeronautics Administration such as requiring pilots to obtain licenses, airworthiness certificates for airplanes, etc., shall apply to all airplanes, whether used in interstate or intrastate commerce. Let us take a look at United States v. Drum,
2. As we have above observed, with the exception of the Gardner case from New York State, and the Veterans' Air Express Company case, supra, the specific question of the applicability *546
of the recording provisions of the Civil Aeronautics Administration as to airplanes used in and intended for use in intrastate commerce use only, is a question not previously passed upon by the courts. But upon investigation, we find that the identical question in regard to ships and vessels has been passed upon several times by the Supreme Court of the United States. The wording of the Federal statute which requires the recording of all ships and vessels is almost identical with the recording provisions of the Civil Aeronautics Administration Act. The courts have construed the Act with reference to ships and vessels to be applicable to all vessels, whether used in intrastate or interstate operations. We think these decisions are applicable and controlling in the instant case. This is true because the regulation of navigation and aviation poses identical problems. The Federal statute regarding the recordation of vessels set forth in 46 U.S.C.A., § 921 (a), provides: "No sale, conveyance, or mortgage, which, at the time such sale, conveyance or mortgage is made, includes a vessel of the United States, or any portion thereof, as a whole or any part of the property sold, conveyed, or mortgaged, shall be valid, in respect to such vessel, against any person other than the grantor or mortgagor, his heir or devisee, and a person having actual notice thereof, until such bill of sale, conveyance or mortgage is recorded in the office of the Collector of Customs of the port of documentation of such vessel, as provided in subdivision (b) of this section." The above act of Congress revised somewhat the prior act of Congress of July 29, 1850, which provided: "No bill of sale, mortgage, hypothecation, or conveyance of any vessel or part of any vessel, of the United States, shall be valid, against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance, be recorded in the office of the collector of the customs where such vessel is registered or enrolled." In the case of White's Bank v.
Smith,
Let us take a look at some State decisions on the question of ships and vessels. The Supreme Court of Michigan in Haug v.
Third National Bank,
The Supreme Court of Rhode Island held in Howe v. Tefft,
The court erred in directing a verdict for the plaintiff Brown.
Judgment reversed. MacIntyre, P. J., and Townsend, J.,concur.