Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-30
The United States Supreme Court De-
MES the Application for a
Writ of Error.
The Court Holds That Death by Elec-
tricity is Not Cruel-There-
fore it Is Legal.
The Case Will Now Come Before
United States Circuit Dourt
Judge Wallace,
But it is Understood That He Will
Vacate the Order for q
Stay of Proceedings.
The Writ Denied

The Writ Denied
WASHINGTON, May 23.-The supreme
court of the United States to-day denied
the application for a writ of error in the
case Of Kemmler, who is under sentence
of death by electricity. The opinion by
Chief Justice Fuller. The court first re-
cites the proceedings in lower courts
leading up to bringing case to this court.
The court says its urged in Reminders
behalf that the fourteenth amendment is
a prohibition on the state of imposition of
cruel and unusual punishment, this being
included in the term due process of law.
The origin of the phrase cruel and un-
usual punishment, the court said, was an
English act Of settlement of 1858, and
meant that barbarous methods of punish
ment should not be inflicted. It meant
that men should not be sentenced to
death by torture, but did not mean that
the death penalty itself was cruel. The
court of appeals, the opinion say held
that punishment inflicted. on Kemmler,
was unusal, but that there wal no evil
dence to show that it was cruel. A
change in the form of death was within
the legitimate sphere of the legislative
power of the state. The legislature of
the state of New York determined that it
did not inhict cruel and unusal punish
ment and it's courts have sustained
that determination. This court can
not see that the prisoner has
been deprived of due process of law.
In order to reverse the judgment this
court should be compelled to hold that
the court of appeals had committed an
error so gross as to deprive the prisoner
of constitutional rights. The court has
no hesitation in saying it cannot do this.
The case will next come up before
United States Circuit Judge Wallace,
who made the order to operate as a stay
of proceedings to saw Reminders life
until the United States supreme court
could pass upon the questions involved.
This order was issued with the under
standing that counsel would Immediately
apply to the supreme court for a writ Of
habeas corpus. Their application for
such a writ was thrown out of court, but
they we're allowed a hearing on appli-
cation for a writ of error, and it was this
application which was to-day denied.
The same questions we're involved in
this hearing as would come before the
supreme court on a motion for a writ of
habeas corpus, the only difference being
n of form and cou practice. It is
therefore supposed that Judge Wallace,
when the order becomes returnable on
the third Monday in June, will vacate it,
that being practically the understanding
upon which the order was made.
AMENDING THE PACKAGE BILL.
WASHINGTON, D.. O., May Ex-senator
Wilson of Iowa from the committee of
judiciary to-day reported the following
bill as a substitute for the original pack
age liquor bill now under consideration
in the senate. That when any ~intoxicat-
ing liquors shall be transported from n
state or territory to another, or from any
foreign country, such liquors shall, when
actual and continuous transportation of
the same shall have terminated, be con-
sidered to have ceaced to be subject to
interstate commerce and be a part of
the common mass of property within the
state or territory, and subject to respect
i've powers of the state or territory in re-
spect Of all police regulations of prohi-
bition, regulation OF taxation.
The senate committee on public lands
to-day concluded its consideration of the
house bill to repeal timber culture laws,
and Chairman Plumb reported to the
senate a substitute therefor. The house
measure was comparatively. brief while
the senate committee bill is a voluminous
document, relating to desert land sales,
and TOWNSHIP entries as we'll. The bill
repeats the timber culture act of 1878, ex-
cept as to the state of Nebraska, and all
acts supplementary thereto, with the
proviso that no valid rights under the
act shall be disturbed; that entries made
in good faith may be proved up and paid
for at q rate Of $1.25 an acre, and that no
land acquired under the terms of the bill
shall become liable for debts contracted
prior to the issuing of a final certificate
therefor. The act of 1877, making pro-
visions for the sale of desert lands is
amended by the addition of five sections
for government issue of patents OF lands
to be irrigated and giving to parties the
right to associate together in the con-
struction Of irrigating canals and bitches.
The bill further provides that no public
lands of the United States shall be Of
fered at public sale except abandoned
military OF other reservations; isolated
and disconnected fractional tracts and
mineral and other lands, specially au-
thorized to be sold by congress-. Pro-
vision ia mada for anfarino founs;too IN