New-York tribune., 1890-03-22
THE NET EYECUTTON LAW STANDS.


THE NEW EXECUTION LAW STANDS
The Court of Appeals has affirmed the con-
stitutionality of the Electrical Execution law
Kemmler will be judicially put to death III the
near future and other mrdercrS whose late
has been uncertain will be promptly sentenced.
Ii is much to the advantage of public order ana
tranquility that decisive conclusion OF TINS
long controversy has finally been reached, ana
that it is not of kind to give comfort 10
malefactors and involve the administration ol
the criminal law in confusion. 1t has been
contonded with considerable plauSlbllltN ny
Kcmmlcis counsel and Try many individuals
who from various motives have taken part or
felt an interest in the attempt to prove the
statute invalid. that a final decision in their
favor would operate to release Kcmmcr and
other convicted murdeIcrs altogether from the
grasp of Justice. This view has been not less
firmly opposed on the ground that. if the law
was void as TO its essential intention. the
coIreaivc clause repeating acts inconsistent
Herewith was void also and the Old statute
was left untouched. Certain II IS that TINS
point would have been in turn the basis OF
new appeal, and another long delay invoked
We are not disposed to regard the time con-
sumcd in reaching the present determination
rs altogether wasted. A new mode OF capital
punishment. departing radically from the Gus
toms of the past and depending for ITS results
upon mysterious agency. of whose nature ana
oporation those who know most confess that
they know little is not trivial matter. 1hc
commission which investigated the subject last
If aNp
have been to some extent imposed on by wit
nesscs with private interests at stake; but 1t
did procure and disseminate much valuable in
formation and its labors unqucs'ionably pro-
duccd some practical results in modifying ana
pcrfecting the machinery hy which the new
law will be administered. Furthermore the
Investigation had the effect of bringing public
opinion to the support Of the statute. ms
was an important and most desirable cOnsc-
quence of the inquiry, for every law ought 70
be either deliberately sustained or explicitly
condemned by the people in whose name II
stands. and for that purpose public OPINION
ought 10 be instructed.
There is cause for satisfaction. though not
for surprise. in the fact that the decision OF the
Court Of Appeals is unanimous. Nothing has
encourage the opponents of the law 70 believe
tha, the court would declare il unconSti'u-
iional. at least in respect 10 the character OF
the penalty. But some persons and not lew
newspapers. though not SuppoSlng that cleo
trical execution would I've held 10 come within
the inhibition OF "crucl and unusual punish
ments." have thought that the clause forbid
ding the publication of anything beyond the
bare announcement of the judicial killing was
open 10 more serious attack. Respectable news
papers do not make practice Of printing d'-
tailed and sensational accounts OF executions.
Our readers are certainly aware that THE lkiIi-
rNr j. above criticism in that respect hui
there are occasions of this nature when not
simply a legitimate curiosity but the best wei
fare Of society. requires a complete disclosure
Of the attendant incidents and circumstances.
That the fist execution by electricity viii lr
>nch an occasion we feel bound TO declare IN
the most emphatic manner. The public ought
20 be. and is profoundly interested in aSccr-
tanning promptly and fully how well the new
process is adapted to its purpose and in aScer-
tanning this from disintcrcStcd and independent
Observers mcOnnectcd with the execution OF
the law. Practically. the newspapers are the
onlv agency through which this know ledge can
be satisfactorily obtained. The facts, or the
official version Of them might be commune
Gated i'm due time 10 the Legislature in the form
of special report and thereafter published by
the press as public document; bat that is not
the way in which, in this age Of the world. the
people like to get important news.
There is possbiliiy-wc trust it is extreme
" remotc-that the execution Of Kcmmlcr will
be horrifying spectacle Of inadaptability on
| the part OF the machinery and Of incapacty on
the part Of those in charge Of it, II is prob
able that it will be an expeditions, Sllful and
scemy operation. The citizens Of Ncw-Y ort
i'm whose name the law was enacted will not
be contcmtcd TO take their chance Of learning
! the truth about this original experiment from
the men officially responsible for It's success
! or failure. The law ought 10 be amended i'm
mcdatcly in such a manner as to provide for Il
| decOrOus hut complete publication OF the news.
| II is not necessary TO insure the attendance Of
an army Of special CORE ~pondcntS. The var-
| ous prcsS associations cover every part Of the
state and country. 1t might be enough to ad-
nit a representative of each Of them, and TO
remove the injunction which forbidS the news
napcrS 10 record facts OF great importance to
| the community.