The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1890-05-08
Cruel and Unusual Punishment.

Cruel and Unusual Punishment.
One of the most unusual judicial proceed
ings to which the public has been treated
for long time past is that involved in the
issuance by the United States court of the
habeas corpus in the case of the condemned
murderer, Kemmler. From the outset the
proceedings in this case have been in reality
a contest between two corporations engaged
in the business of generating electric power
and light The influence which for so long
time were successful in deferring action
in this case were cOncededly of semi
political nature; the appearance of the law
yer, Cochran, being generally, and, we be
lieve, correctly, regarded as intended to
fulfill the same purpose which characterized
his interference in the case of Jacob Sharp.
The mysterious appearance at the final
moment of Mr.. Sherman, another politco-
legal character, shows that struggle of
~ the same nature as that conducted in the
state courts is to be prosecuted in the
United States courts on behalf of Kemm-
the WESTINGHOUSE Electric company. In
deed, throughout the entire affair the fate
of the unfortunate man Kemmler seems to
have been mere secondary matter. This
statement applies also to the vndicatiOn of
any principle that may be involved beyond
the relation which that principle bears to
the pecunary interest which are nOtOri-
OuSly involved.
From the inception of the law providing
for execution by electricity. up to this most
recent extraordinary episode, the control
ing influence of outside consideration has
been apparent. What the public were led
to believe would be substitution of more
simple and more humane device than that
of the hangman and his rope has developed
into tedious, expensive and elaborate
scientific experiment. Whether the plan
of execution proposed be or be not a cruel
and unusual form of punishment very few
people will be disposed to deny that the
man Kemmler has been very cruelty and
very inhumanly treated. Every cOnsidera-
ton of humanity demanded that the SEN
tence passed by the court should have been
enforced promptly, but the suspense and
anxiety which have been imposed on this
unfortunate man, for the promotion of the
interests of cOntending corporations gives
rise to the hope that he will not ultimately
be deprived of life. To man of ordinary
SenSibilty the delay which has been &C.
caSiOneG would impose tenfOld more an
guiSh than the established certainty of
death. 1t is not fair to assume that, how
ever low an order of intelligence KemmIer
may represent, he is unaffected by the dis
treSSng circumstances attending his life
since the date of his conviction and SEN
tence.
There is now no apparent end to the judi
cal strife which is certain to enSue from
this ILL advised and utterly unwarranted
legal enactment. Whether it be declared
unconstitutional on the grounds set forth,
it merits unqualified judicial condemnation,
as it has received unqualified public con-
demnatiOn. for its absurd provision eXclud-
ing the representatives of the public from
the jail at the time of execution. Until the
law is finally passed upon, perhaps by the
supreme court of the United States, no con-
victed murderer now in the prisons of New
York can have imposed upon him the pen
atty of the law. If, on the other hand, the
supreme court should declare the law I'M
constitutional, then it is already an accom-
plshed fact that all murderers convicted
and sentenced in the interval must 90 free,
since there is no law in existence in that
state providing capital punishment. The
only course which good sense and sound
public policy dictates in the present emer-
gency is that the old system of execution
shall be restored, at least pending the de-
termination of the question now before the
United States courts. The existing law
is thoroughly repudiated by every consider
alton OF good sense and public WISDOM
st. Paul Dispatch.