New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-22
TO DIE BY ELECTRIC SHOCK.
KEMMLER,S SENTENCE CONFIRMED BY THE
COURT OF APPEALS.
THE ELECTRICAL EXECUTION LAW DECLARED
CONTEMPORARIES OPINION OF THE
COURT ,UNANIMOCS :.


Albany March Elm the Of the People
cx rel. William Kcmmlcr, appellant, against
Charles f. Durston, Warden of Auburn Prison.
respondent the Court of Appeals to-day handed
down a decision affirming the order appealed
The opinion was unanimous. Judge Denis
O}ricn wrote the opinion. Judge Oliricn, after
rcciting the history OF the case III the lower
courts, says:
to the passage Of this statute chap. 4so OF the
Laws of 1883. relative the nniction Of the death
penalty hc punishment by death in every case was TO
be inflicted by hanging. This provision Of law was
changed by the amendments Of the code above referred
and the Law commands the nnction o' the death
penalty by electricity. The only question involved Ia
this appeal whether this enactment is IN conflict with
the provision Of the Constitution which fobido the
innctloa of cruel and unusual punishment. COM Art
j. So This provision borrowed from tho English
passed In the first year OK the reign OF William
Mary. H. cnacts that eAcessyc bail ought not to
be- required excessive fines imposed nor cruel and
unusual punishment inflicted" When this statute was
mad. part Of the Constitution United States the
shall" substituted for the word ought and
This nrst appeared In the Constitution Of this
STATE, adopted In 1916 II Is not very clear whether
provision stand, In Constitution was intended
~ an adnonton legislature and the judiciary.
restraint upon legislation nnictmg punishment for
criminal offences. When the statute referred 10 was
enacted IN England It not intended check upon
power OF Parliament 10 prescribe such punishment Tor
crime considered proper did not deny
any Law then existing. nor did II mitigate the
hardnc>, OF criminal punishment in that country
For than hall century after IL appeared on the
book long list Of offence, punishable by
death many which had been punished before the
B Of arht- passed. The ascension to the throne
Of prince The cause Of the enactment Of the new
law and IL simply declaration OF the way the people
wanted th. Government run.
But whatever IL, origin. think that IT, presence In
of the State confer, power uyon the court
declare nrl and void legislative acts prescribing IN
usual and cruel punishment I'm fact This j. The power
invoked against H." amendment 20 the todo of Criminal
referred by the IN" rrator
II sting because Of , great The power
u the legislator crimes and punishment, canno, be
disputed The amendment prescribe, no punishment
offence punishment i, d. ath. hoct' lore the
only ch,nrc h'rs N" 1do 81 carving Z. The
death lratv must Doc accompanied hy pain and is r.ocd
60 onf br,au % is necessary for tA' protection - soil Ety.
IA. lti'oF -, T. .how that the mode is tortpr
The argument would apply with equal fpr'r To-
uurrd method and rarfi.i out would prohibit t" DEAN
rnai'e I,,fs Of the Legislature must BE- presumed
p, la n harmony with the fundamental law until proved
contrary. IN, testimony - expert, is not admissible 70
that clause u tho Constitution is violated. II
, 'ace j, in conflict then cNtran,ou, proof
.anno' D.. norry, ln.
The decision rcciics the appointment of the
Commission TO investigate humane method OF
death punishment and the enactment of the cleo
trlc statute. and says:
The L",l.s'lf" proceeded with and caution ard
with unusual d.lberl'ion. I, would bc strange result
u % coi bc charged and hid that they had obtained
moro cruel method 'hfr or electricity more
husano qn,.iion i1r fh LEGISLATURE N ie'er
nine and The, had chance Of 80 mining than
/ appellate co4f'.
decision o, the Tesl.latur, conclusive upon the
courts. The fcndueut - Tho code uahine t.' now
u1itv ), not n general purpose intent violation q
lnr rro,lsion co.: the Constitution Th. testimony taken
by thc ref.t'c while ro inparhnr the validity of 'h"
l,sl.a,ur,- 49,. ,r valuable collection of onion. but
nothing NOR, Tho ,opi, Ends that mod. prono-ed
no. cruel wl'in fhe meaning = th" Constitution. though
unusual ,.fffafv. ai. Win below
r.,' nanc doubt mat hr Application
- ,c'riry fhr vial parts - %. human body under
..h rDnd'on. ,nl in ilr manner con,'r plated hy -.
statute nus' r.t' n instantaneous and. consequently
alnl,., death - oft 'aied from should be anned