The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-12-31
KEMMLER,S CASE.
The Court Decides that Execution by EleC,
triclty Is Constitutional.

The Court Decides that Execution by Flee
triclty Is Constitutional.
ROCHESTER,, N, Y, Dec, S0,-The gen
sral term Of the Fifth Department this
morning handed down u decision in the
case Of Kemmler, the murderer con,
demned to death under the newlaw pro.
ylding for the death Of criminals by elec.
tricity, which the court holds to be con.
stitutional. Judge Dwight writes the
opinion, In the course ofwhich he says:
"a writ Of liabeas corpus was sued out
alleging that Kemmler was sentenced to
undergo q cruel and unusual punish
ment contrary 10 the constitution OF the
State OF New York and Of the United
States. An olTer was made TO prove that
the punishment rs prescribed by the
statute was cruel and unusual, 4 ref.
eree was appointed 10 take and report
such proofs US should be offered by
either party on the question proposed.
The order below dismissed the writ and
remanded the prisoner TO the State
prison. An appeal from that order
brings tho case into this court, and pre-
Bents a question very novel 10 its char.
acler and iu the manner OF Its presenta.
tlon. The attempt Is 10 force the pro.
visions OF the constitution against cruel
and unusual punishment based upon
evidence intended TO show the character
ol the penalty asCrihed thereby. The
constitutional provision here invoked
originated In the welLknown bill OF
rights OF England, That celebrated
enactment was the first fruits OF the
great revolution OF 1885,"
Judge Wright then gives an interest.
ingreyIew OF the way In which the clause
originated, aud Continuesi at seems
very clear that no provision OF the Eng.
lish bill OF rights was intended to oper.
ale as a roiraction upon the power OF the
Legislative branch OF the English gov.
ernment. The act was chiefly q protest
against the acts OF tyranny and oppres.
sion on the part Of the crown. In re-
gard to tho similar provision In the
the constitution Of the United States, 1t
is in the first place to be observed that
Il bas no application 10 any department
OF the government Of the State but Is q
restriction upon tho Federal govern.
ment only. There Ia even some doubt II
IL Is intended as a restriction upon the
power Of Congress In regard 10 punish,
ment for crime. With regard to the pro-
vision in the constitution Of this State,
the case Is different, Unjust have been
intended as a restriction upon the Legis'
latiye authority. We have no doubt
that II the Legislature Of this State
should undertake 10 prescribe for any
olTepse against its laws, the punishment
OF burning at the stake, breaking at the
wheel, etG., II would he the duty OF the
courts To pronounce upon such attempts
tue condemnation Of the constitution.
The question Ia now 10 he answered
whether the Legislative act here assaileC
is subject TO the same condemnation
Certainly It is not so Oh It's face, for al
though the mode Of death described Il
CONCEDED 10 be unusual, there Is scommor
knowledge or GonGept thatit Is not cruel
The Judge suggests that Il could safely b(
presumed that the Legislature had suiii
ciently investigated the nature beforl
passing tho law and reviews the worl
Of the committee which investigated thu
methods ofcaPltal punishment. After re
viewing the experiments made upon ami
mails BY electricity aud accidental DEATH
OF man through the Bame instrumentalit,
the Judge conCludGsi 1.-THE light OF thl
scientific evidence In this case is sutii
Cient, as we think, to remove every rea
aonable doubt that the passage Of a cur
rent Of electricity Of a certain well de
termlned intensity through the vita
parip Of tho body under chosen condl
Lions OF contact and resistance, must rC
ilsult In instant death. II the question
Iwere OF the advisabllity ID the change O
mode In inflicted death by capital pun
lshlnent, the discussion might be pro
longed. AS we are confined 10 the ques
tio1 Of constltltIonality, We deem lui
ther discussion unneGGsSaFy, Tho ordO
dlsmiBsing the writ Of haleas corpus an,
remandlng The prisoner must be al
nFmAdO "