Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-05-24
KEAINILER DOOMED.
The L. :. Supreme Court Denies the Writ
Prayed For.

WASHINGTON. MAY Z0.--l lie SupIcHle
Court of the United States to-day denied
the application for writ of error in the
case of Kemmler, under sentence Of
death by electricity. The opinion was
by Chief Justice Fuller. 1t first recites
the proceedings in the lower courts up
10 bringing OF the case to this court.
The Court says that ii is. urged in
Reminders behalf that the Fourteenth
amendment is prohibition on the
State OF imposition of cruel and unusual
punishment, this being included in the
term due process of law. The origin Of
the phrase cruel and unusual punish
ment. the Court said, was in the
English act of Settlement of loss,
and meant that barbarouS methods
OF punishment should Not be inflicted.
1t meant that a man should not be sem
fenced to death by torture, but did not
mean that the death penalty itself was
cruel. The Court of Appeals, the opin-
ion says, held that the punishment in
flcted on Kemler was unusual, but that
there is no evidence to show that IL is
cruel. The Legislature of New York
had the facts bearing on this question,
and the Court must presume that the
Legislature had devised punishment
1t thought less cruel than the former
mode That decision, the Court says,
was not against any special privilege
set up by the prisoner, and was so plain
ly right that the Court would not be
justified in oyerrulng it.
RIGHTS OF CITIZENS.
The Fourteenth Amendment did not
materially change the whole history OF
the government. Citizens still remain
citizens, both Of the State and of the
United States. The only change is that
the amendment furnishes an additional
guarantee against any encroachment by
the State on the fundamental rights of
the citizens. The privileges and immu-
mites of citizens of the United States
are, indeed, protected by them. Those
are the privileges arising out Of the eS-
sential nature and character Of the
national government. The Court quotes
the opinion in the Hurtado case
on the meaning of the phrase
due process of law" The change in
the form OF death was within the legit-
innate sphere of the legislative power OF
the State The Legislature of the State
of New York determined that IL did not
inflict cruel or unusual punishment and
its courts have sustained that deter
mination. This court cannot see that
the prisoner has been deprived Of due
process of law
In order to reverse the judgment tins
court should be compelled to hold that
the Court OF Appeals had committed an
error 50 gross as TO deprive the prisoner
of his constitutional rights. The court
has no hesitation in saying 1t cannot do
this.
IN JUDGE wALLACE'S COURT.
Tho case will come up before United
States Circuit Judge Wallace, who made
an order TO operate as stay OF proceed
ingS To save Kemmler'S life until the
United States Supreme Court could pass
upon the questions involved. This or
der was issued with the understanding
that counsel would Immediately apply
to the Supreme Court for writ OF
habeas corpus. Their application for
such a writ was thrown out of court.
but they were allowed hearing on an
application for a writ Of error, aud it
was this application which was to-day
denied The same questions were in
volVed i'm this hearing as would come be-
fore the Supreme Court on motion Tor
a writ Of haboR5 corpus, the only differ
encc being one OF form and court prac-
ticc. 1t is therefore supposed that
Judge Wallace, when the order becomes
rcturnable on the third Monday in
June next will vacatc it, that being
practically the understanding upon
which the order was made.