New-York tribune., 1889-12-31
KEMMLER NOT RELEASED.
THE GENERAL TERN ON THE ELECTRICAL
EXECUTION LAW.
DECLARING THE LAW AS PASSED BY THE
LEGISLATURE CONSTITUTIONAL - THE
QUESTION OF CAPITAL PUNISH.
MENT NOT RAISED.

MENT NOT RAISED.
pocbostcr n Y Dec 3O.-Thc General Term OF the
Fifth Department this morning handed down decision
4, Tho case Of KcmmIer the murderer condemned 10
death under the new law providing for the execution
of criminals by electricity which TINS court hoiu 10
be constitutional Judge Dwight Writes INC op""oi'
I'm the course OF which he says
4 writ of habeas corpus was sued OUT ahesne % un",
er,ner was sentenced to undergo "cruel and unusual
Ih, ;, ontrarv to the Constitution OF the State Of
New.York and Of the United satos An oner "as i.'a'
to prove that the punishment as prescribed pJ VI.
was cruel and unusual. releree was aPpo -,
and renort such proofs should be offered by ehe parry
on tho oues,,on proposcd The order below dismissed th'
writ and remanded the prisoner to the CUSTODY Oh ~
and warden Of the State prison. An apptsi 'iO' , "
order brings the case into THIS COURT anu p'
question very novel Its character and In the MANNER "
DE- rss,,a,ion The attempt is 70 enforce the provision
q, the Constitution against cruel and unusua puhsn''
based upon evidence intended TO show the ehaac VI Va"
nenaltv prescribed thereby. The constitutional provision
hero invoked originated in tho welknown BIZ Oh hishs
OF England That celeDratcu ehacuheh' ""' VIZ No.
Of the revolution Of 16sS. , .,
Judge Dwight then gives an lhteresuns ie -
the way In which the clause originated ana CONTINUES
Il seems very clear that provision OF the Engish
BI Of Rights was intended to operate aS rcaV0',o'
non tho mower OF the legislative branch OF the EhgSh
Government The act was chiefly protest against 'no
acts OF tyranny and oppression on the part o 'e
In regard to the similar provision In the Oohs1'o "
ITnft N"N~-F~
that Il has no application to any department oil tle Wv
rnont Of the States but restriction upon inc feueI
Government only. There is even some douo' " " " w
tcndcd as restriction upon the power OF Oonsless !"
regard to punishment for crime. with regaru W ',o p
vision i'm the Constitution of this State the case Is ue'
Il must have been intended as resuicuoh upon N'o
,o,,.,a,,yo outboritv We have doubt that IL tne
Legislature Of this state should undertake 70 peso O
ap, offence against its the punishment OF burning
at the stake breaking on the wheel etc IL "ouu w e'
gueh
duty Of the courts 70 pronounce upon su0H '''''P wiz ~
dcmnation Of the constitution.
, act hero assaed subject to the same cohoeinha
tion Certainly Is not so on It's race of' "'"ous Oo
mode of death described conceded 70 DC unusual o
Is no common knowledge or consent that IL Is crue -
question of fact whether eectrical current Vi SUM
cent intensity and skilfuy applied VIII produce ucan
without unnecessary suffering. Is this question open 10
the investigation Of the court when eaed upon " ue0uc
the validity Of the law in question: Or must DC pre-
sIlmcd 10 have been determined by he LessidIuIo III
favor Of the mode Of punishment prescrbedi For the
first time in the history Of Jurisprudence has court oeeh
called upon 20 enter upon such investigation
The Judge suggests that it could safely be presumed
that the Legislature had sufficiently investigated the
nature Of punishment before passing the law ana re-
views the work Of the commission WHICH investigator
methods of capital punishment. After reviewing the
cxncrincpts made upon animals by electricity and ao
cdental deaths Of men through the same instru-
mentality, the Judge concludes:
The light OF the scientific evidence In this case II
sufficient think, to remove every reasonable ooub'
that the passage current OF electricity OF certain well
determined intensity through the vital parts Of the body
under chosen conditions contact and resistance must re-
svt in instant DEATH the question were OF the ad
visibility in the change OF the mode o: inrictng death by
capital punishment the discussion might be prolonged As
wc are confined the question OF eonsttuuonally we
deem further discussion unnecessary The order dis
missing the writ Of hsbeas and remandins the
plis must be affirmed.