The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-25
The Kemmler Case at Washington.


The decision OF the Supreme Court Of the
United States In the KEMMLER case settles
the question as to the constitutionality OF
electrical execution as a penalty for murder.
The Court Of Appeals Of this State had pre-
viously determined that there was nothing
in the State Constitution to prevent the
innictlon Of death by this method in
stead Of by hanging. The Supreme Court
at Washington has now declared that
IL is not forbidden by any provision OF
the Federal Constitution; and the only
remaining question In the KEMMLER
case is whether the law Is valid in assigning
the duties Of executoner to the Warden OF
the State prison and taking them away
from the Sheriff OF the county In which the
murderer is convicted. This point will proba-
bly, be passed upon by the Court OF Appeals
during the June session Of that tribunal at
Saratoga. 1t does not involve any Federal
question and there is scarcely possibility
that 1t can carry the case again before tho
Supreme Court OF the United States.
From the opinion OF Chief Justice FULLER
It Is clear that the arguments in the prison.
er's behalf were carefully considered. The
de- ision of tho Court Of Appeals that the
Constitution of New York, was declared to
b. mot rc6xaminable" in the Supreme Court
OF the United States, which follows the high
est State courts in the Interpretation OF
State Constitutions. The only questions for
that tribunal were whether the statute
abridged the privileges or immunites OF the
prisoner as citizen OF the United States,
or deprived him of life, liberty, or property
without due process Of law AS to these
points the Chief Justice says:
The enactment of this statute was in itself within
The legitimate sphere OF the legislative power OF tho
State and in the observance Of those general rules pre-
scTbed by system Of jurisprudence; Ani the LeVs
latnre of tho state OF New York determined that did
no. infict cruel and unusual punishment and its
courts have sustained that determination We cannot
perceive that the STATE has thereby abridged tho priv
lie Immunitios OF the petitioner or deprived MIN
OF due process of law.
In order to reverse the Judgment Of the highest
court State of New York should be compelled
TO hold that 1t had committed error so gross as to
amount in law denial by tho STATE OF due process Of
law accused OF crime. We have no hesitation In
saying that this cannot do upon before U.s.
Tie application for a writ of error is denied"
After this decision it is clear that neither |
the fundamental law of the United States |
nor of the State of New York will be vio-
tricity The expedency of the new method,
however, and its practical working still re-
main open to grave doubt. But IL is well
that the constitutional questions have been
passed upon by the highest court in the
land before any electrical execution has
taken place; and Judge WALLACE OF the
United States Circuit Court should be COM
meuded instead Of being criticised for grant
ing the writ Of habeas corpus which result
ed in obtaining the judgment Of the Supreme
Court upon those questions.
The electrical execution law will come be-
fore the courts again after the first execu-
ton under it il the authorities attempt to
enforce the prohibition against the publica-
ton of the details by newspapers; and then
will arise a very interesting constitutional
question as to the liberty Of the press.