The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-24

by the Constitution Of the Quilted States, exer:
oised within the limits therein prescribed and
common law. So in the Fourteenth Amend
ment the same words refer to that law Of the
from the Inherent and reserved powers Of the
State, eXerted within Tho limits OF those funda-
mt o Fl Hey and dustSe wG
situations. Undoubtedly the nmendment for
bids any arbitrary deprivation OF life, liberty,
or property, and secures equal protection TO
all under like circumstances, In the enjoy
ment OF their rights AMI. in the ndministra-
ton OF crmimG! JmSticS re%ui nS tha{ no Il
upon one than such as is prescribed for MI for
like offences. But twas not designed to inter-
Zero with tho power OF the state to protect tho
lives liberties and property OF Its citizens, and
promote their, health, neace; morals: eduCa.
lion. aud good order, barber agt. Connolly,
The enactment oil this statute was in itself
within the legitimate sphere OF the legislative
power OF tho state, and in the observance of
those general rules prescribed by our system
OF Jurisprudence; and the Legislature Of the
state Of New York determined thnt IL did not
inict cruel aud unusual punishment and its
courts have sustained that determination. We
cannot perceive That the state has thereby
ABRIDGED tho privileges or impurities OF The
iSSi' u "'''','' "','. ~ ". WV , ~
highest court OF Tho State of New York, we
should bc compelled to hold that II had COM
mittol an error so grossas to amount IN law to
ono accused OF crime We have no hesitation
in saying that this we cannot do upon the rec
error is denied"
Tho case will next come up before United
States Circuit Court judge Wallace who mado
an ordor to operate rs stay OF proceedings TO
save kcmmlcr's life until the supreme Court
could pnss upon the questions involved. ms
order was issued with tho understanding that
counsel would Immediately apply to the SUI
prone Court Tor writ OF hubcas corpus Their
application for such writ was thrown out OF
httN hnn rtrfp n N
writ OF error was allowed them. and 1t was this
application which was today denied. Tho
as would come before the Supreme Court on a
motion for writ of habeRs corpus. the only
difference being one OF form and court nrno-
on tho third iiondav in June next viii vaeate
It, That being practically the understanding
upon which no order was made.
wArhunE Nay 23p AM an interview tic toSnlSht
nrdn W1 bs t% eems
August. Whether no or the Sheriff OF Erie
county would eiectrocute him would mndoubt-
can 10 taken before three courts to have the
day o. execution nxed-the Court OF Appeals.
General Term E AND the L0n1t OF oyer ana ner
Of the supreme Court decision yet. ana will not
until sunday. when the Warden will see him.
THE NEXT STEP IN THE CASE.
ALBANY. May 2s,-Tho next step to be taken
In the courts, in the kemmler case will be tn,
County Judge Corlett OF CayuCl county
denying writ OF habeas corpus asked for on
the ground of the unconstitutionality of tho
power conferred on Warden Durston in the
execution Of criminals, which power 1t Is
county wherein the conviction Is had. The
appeal will come w before the General Term
ut Buffalo on Juno 3. This appeal does not
effect the death penalty itself. or the crime. or
manner of the execution md it is expected
that the General Torn will dispose OF II in
Appeals at its Saratoga June session.