New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-20
THE ELECTRICAL INQUIRY.

Thus far the taking of testimony relative to
the operations of electricity, in connection with
the effort to prolong the life of the murderer
Kemmler, has not produced much heat 1t
must be acknowledged also that it has not pro
duced so much light as might have been ex-
pected, though it has been useful in diffusing
that which existed before. In view of the fact
that the inquiry directly involves the fate Of a
human being and, incidentally, the interests
of large corporations or vice versa, it is some
what remarkable that so much good nature
and so laudabe desire to increase the sum OF
human knowledge have been displayed. Some
of our contemporaries have contrived to get
more or less excited about the matter, but
really nothing has occurred before the referee
to provoke wrath, either celestial or terrestrial
The testimony has served to disclose to public
view an irreconciable conflict of opinion among
experts as to the certainty with which the
effect of given measure of electrical energy
upon human subject can be predicted. The
investigation bids fair to leave the experts just
where it found them, but it can hardly fail to
increase whatever doubt laymen may have felt
before as to the superiority of the new law OF
executions to the old law.
inflicting the death penalty has nothing to do
with this specific case. When the testimony
is all in the referee will make up his report
and sub init it to the court and eventually the
Court of Appeals, or possibly the Supreme
Court of the United States, will declare the
law constitutional or otherwise. II is entirely
proper that this test should be made, and we
have never seen any occasion for sneerIng at
the proceedings now going forward. What
ever interest the people take in them is not
inspired by maudin sympathy with con-
demned murderer. The law was not primarily
designed to make capital punishment less pain
full and ignominious, but to make it sudden
certain and decent in respect to its accessories
and circumstances The welfare Of the con-
Wet was not the first consideration but the
best interests of the community. Kemmler's
counsel are endeavoring to show that execution
by electricity would be /" cruel and unusual"
because that is their only means of proving
the law unconstitutional, but the public is
chiefly concerned in aScertaining whether or
not the law certainly provides a decent and
efficient method of inficting the death penalty
1t would not be surprising if the people should
determine to repeal it, in case it should be held
valid by the courts, even if the result of the
first experiment on Kemmler should prove
successful.
II seems to be taken for granted by most Of
those who have commented upon the case that
Kemmler could not be executed in any man
ner if the new law should be declared uncOn-
stitutional and that is, of course, the position
which his lawyers Will take. There is no
necessity for conceding this point-for the
courts would certainly be called on to decide
whether or not the clause repeating the old law
does not stand or fall with the body of the
new law-but that consideration is no argument
against the present inquiry. 1t was inevitable
that complete departure from all experience
and tradition in the means of inficting capital
punishment should be followed by a strenuous
effort to overthrow the legislation which
brought it about Such an effort is now being
made. 1t involves questions of great general
interest and importance, and it is quite worth
while to learn as much as possible from it in
stead Of treating it with contempt.