Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-24

WASHINGTON, May 23.-The Supreme
Court of the United States to-day denied
the application for a writ of error in the
case of William Kemmler, under sentence
of death by electricity. By this decision
the last hope for life afforded William
Kemmler, the New York murderer, was
banished, and he will, accordingly, be
executed in conformity with the new law
governing executions in New York State.
The decision was on an application for q
writ OF error, made by Roger NJ. Sherman,
OF New York, counsel for Kemmler, argued
last Tuesday. The Court was unanimous in
denying the application. Chief Justice
Fuller read the decision in full. He re-
viewed the case and severally went over the
points made by Kemmler's counsel, and
ended by stating that the Court had no hes
itation In saying that they could not, on
the record as presented, reverse the decision
Of the New York Court Of Appeals.
THE CONSTITUTIONAL QUESTION.
The Court, In It's decision, first considered
the question raised concerning cruel and
unusual punishment. The first legal enact
ment In this regard II was stated, was made
when William Of Orange became King Of
England, and Its purpose was 10 prevent the
inhlotion OF barbarous punishment Of citi-
zens. The New York Court OF Appeals, In
Ita decision, stated that punishment OF death
by electricity certainly was new, and there
fore unusual, but IL was undoubtedly for
the Legislature TO say whether the mode
fixed upon was cruel, the Legislature hay
Ing all tho facts, after investigation by
ooInmisAlon before them,
II was not true, the Court stated, that the
Fourteenth Amendment materially changed
our theory:of government Citizens OF the
States were also citizens OF tho United
States. The Fourteenth Amendment fur
nished an additional safeguard against en-
croachments on the fundamental rights OF
citizens. The privileges and immunities Of
cluzens OF the United States were protected
by II, but there are privileges and immuni-
ties arising out Of the nature and essential
character OF the National Government, and
they did not embrace the privileges and
immunities Of citizens OF the State.
THE STATES SPHERE.
The enactment of the State was within the
legitimate sphere OF the legislative power OF
O State, and the Legislature OF the State of
New York determined that electricity was
not q cruel and unusual punishment, and its
courts had sustained that determination.
The Court, therefore, could not perceive that
the State thereby abridged Kemmler's
privileges or deprived him Of due process
of law.
The case will come up before United
States Circuit Judge Wallace, who made
an order to operate as stay of proceedings
to save Kemmler's life until the United
States Supreme Court could pass upon the
tnr I'D
with the understanding that counsel would
Immediately apply to the Supreme Court
for a writ of habeas corpus. Their applics-
tion for such writ was thrown out of court,
but they were allowed a hearing on an ap-
plication for writ of error, and it was this
application which was to-day denied.
The same questions were involved in this
hearing as would come before the Supreme
Court on motion for a writ of habeas
corpus, the only difference being one of form
and court practice. 1t is therefore supposed
that Judge Wallace. when the order be-
comes returnable on the third Monday in
June next, will vscate it, that being practi-
cally the understanding upon which the
order was made.
ANOTHER DECISION.
The Court also rendered an opinion af-
frming judgment in the case of Luis De
Oteyza Y. Cortez, appellant, VS.. John w.
Jacobus and Miguel Suarez Guanes. The
effect OF this decision will be to allow the
extradition of Oteyza by the Spanish Gov
ernment, which wants him for trial in Ha- |
yans on charge of embezzling very large
amount OF public funds in the latter part of |
1889, while he was Secretary Controller of |
the department. He is in confinement in |
New York, and by the present proceedings
sought to get out on writ of hsbeas corpus.
Ex-senator Mcdonald made motion for
a rehearing of the Mormon case and to va
cate the mandate in the case. The Court re-
fused to grant a rehearing, but decided to
allow the latter part of the motion, asking
for the vacation Of the mandate. The Court
said it was satisfied that the conclusions
reached were correct but were not as to the
decree entered, and would take this matter
under advisemept until next term. 1t is
understood that the object is to ascertain If
there be not some method by which the
money accumulated by the Church Of Latter
Day Saints can be returned to some source
that will not use the funds for the propara-
tion OF polygamy, there being q reluctance
to absolutely confiscate the property.
The court to-day finally adjourned until
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