New-York tribune., 1890-04-30
KEMMLER'S REPRIEVE.

The DYNAMO lawyers have succeeded in Sc
curing short reprieve for the wretch con-
demned to death by electricity. Having eX-
bausted the resources of the State courts in
persistent and costly attempts to prevent the
use of the Westinghouse dynamos as the death
dealing agency. they have waited until the last
moment, when Kemmler had disposed OF his
Bibles and his Lhf%in-clCvcr puzzle, and med
ica experts and newspaper correspondents
were swarming about the prison, and have
secured the intervention of the United States
courts. When the Court of Appeals with i'll
concealed contempt Overrulcd the objections
70 the use of electricity based upon the alleged
unconstitutonality of the legislative act, 1t
was intimated that there would be an appeal
10 the United States courts. II this purpose
was entertained by the dynamo counsel, there
were public reasons for immediate action on
their part Whether or not the business IN
terests of their clients were likely to suffer
from practical demonstrations of the facility
with which death can be caused by electric
currents Kemmler's life had been forfeited by
his revolving and barbarous crime, and the
ends of Justice required the speedy execution
of the law. They have had ample time IN
WnlCn 10 CdllN lUtlT NdSt btiOlt "a thiNNN '@'"'N'
court. but have deferred action until the last
day. apparently from no other motive than
that of obstructing in every possible way the
enforcement of a law which their clients con-
sidered detrimental to their business interests
The exhaustive investigation ordered by the
lower courts was timely and could be Jusiiied
on public grounds. Electricity was novel
form of capital punishment, and before it was
practically introduced it was an excellent thlns
10 collect the evidence OF experts and TO de-
termine the probable effects upon the human
system of DYNAMO currents of various degrees
of power. In consequence of the investigation
the appliances for producing instantaneous ana
painless death were undoubtedly greatly i'm
proved. and facilities wcrc afforded the prison
officials for executing the new law with in
telligence aud efficiency. When that inyest-
cation had been concluded, and the General
Term and the Court of Appeals had decided
that the law was constitutional and death by
electricity neither cruel nor unusual, every
requirement of common justice and public
welfare had been met The rcargument i'll the
Federal courts of the technical questions de-
cided by the Court of Appeals will not serve
any useful purpose. The clauses relating TO
cruel and unusual punishments are almost
identical in the State and Federal conStltu-
tons Everything that can be said on the
abstract question involved in the interprcta-
ton of these clauses has been said. There is
not the remotest probability that the United
States Supreme Court will differ from the
Court of Appeals in its judgment if the habeas
corpus proceedings open the way for final
decision on the bearings OF the clause OF the
United States Constitution. The course OF
Justice will be blocked without adequate cause
and without advantage to any public interest.
1t is always public misfortune when the
State and Federal courts are brought into con-
Hict in criminal cases. Judge Wallace as
sumed grave responsibility when he inter
yened with his writ almost at the last mo-
ment. and interrupted the execution OF law
which the highest court in this State has pro-
nounccd constitutional That responsibility is
not lessened by the notorious fact that the
processes of criminal law have been interrupt
cd. not in the interest of the brutal wretch
condemned to death, but of the dynamo
makers.