Show Court Penalizes Three Fliers In a I reaching far-reaching decision affecting affecting af- af operation of ot aircraft in intrastate commerce Judge Tillman Tillman Tillman Till Till- man D. D Johnson of federal district court had held Wednesday that three Utah fliers violated the civil aeronautics authority act of 1938 I and fined them small amounts The cases filed separately were consolidated by order of the court and were the first in this district wherein the C CAA's CAAs A As A's jurisdiction over planes in intrastate flight was challenged The issue attracted wide nation-wide attention because of its ts effect on regulation of aircraft Two of the defendants were Alred Alfred Alfred Al- Al I fred red H. H Rosenham and his brother Cort A. A Rosenham both of Midvale Midvale Midvale Mid- Mid vale who defied a C A A order by flying Iving their plane from Salt Lake City to Provo in March of 1940 The other was charged charled as LeRoy George Graham Salt Lake City alle alleged ed to have been without a pilots pilot license and to have flown below elow the foot 1000 minimum hel height ht over the city in June of ot 1939 Alfred H. H Rosenham was fined 1 51 on on each of three counts alleging alleging alleg- alleg ing ng he flew a plane without an airworthiness certificate on the craft and his brother was fined 1 1 on each of four similar counts Graham was wag fined 1 on each of I two counts I In addition each defendant was assessed costs of the court action I the fi figures res of which were not im imf immediately immediately I mediately available It was vas indicated indicated indi indi- Gated by court officials that an appeal was to be made on behalf of the defendants but their attorney attorney at- at torney orney Calvin L L. Rampton an assistant states state's attorney general was out of the city and could not be re reached ched for comment The purchased a alane plane lane at Provo and flew it to Salt Lake ake City in March 1940 The craft had a state aeronautics board license but not a C A A inspection certificate it was alleged at the time A ruling by bv the state attorney per gerP a rs s office held the plane could be flown intrastate with the state license and that in effect the state had jurisdiction over intrastate intrastate in intrastate in- in air commerce Federal officials however took an opposite opposite opposite site view and warned against the taking off oft from the municipal field The brothers did so however and the challenge resulted in filing of the complaints |