The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1890-12-11
The Court of Last Resort Decides the John
bay Smith Law Constitutional.

The Court of Last Resort Decides the John
bay Smith Law Constitutional.
The Supreme Court of the United
States on Monday handed down it's
decision in the Holden case, affirming
the Judgment of the circuit court re-
fusing to grant a habeas corpus to
Clifton Holden. The main contention
in the case was over the section which
concerns solitary confinement immedi-
ately prior to the execution. In its de-
cision, the court says:
No principle is better settled than
that the valid and invalid portions of
a statute are capable of separation
The latter may be disregarCled and
the former enforced. In this view
and as it does not appear that the APP
pellant is kept in 'olitary confinement,
there is no ground upon it can be held
that Imprisonment is in violation of
tho constitutional provision against
OK post facto Ia. The fourth section
of the act OF 1899 is 50 entirely distinct
from the provisions upon which rest
the prior unrepealed law relating to
the sentence of death and the subse-
quent Imprisonment without solitary
confinement, that it may be held in
applicable to previous offenses. and
therefore as not affecting the validity
of such sentence and Imprisonment.
In this way effect may be given to
both the old and the new law without
rejecting any part of either as invalid
under the constitution
In reference to the section of the
law prescribing the number and char
acter of the persons who may witness
the execution and the exclusion alto
gether of representatives of newspa-
pcrs, the court says that these are
regulations (which the Legislature, in
it's wisdom, and for the public good,
could legally prescribe in respect to
all executions occurring after the pas
sage of the act, and cannot be regard
ed as ex post facto, within the mean
ing of the constitution"
The decision foreshadows the carry
ing out of the sentence of death
against both Holden and Rose, and
severe as the penalty is, the majority
of our citizens approve of the action of
the court. I'VE must not make a
scarecrow of the law"
school Notes.
The students of the High and Gram
mar schools are preparing program
for the Last Day" exercises to be Civ
en- at the High school on Friday after
noon, Dec. 10, at 80 o'clock. The Sc
lections will be from Whittier's works.
Supt. Race has kindly consented to be
present and assist in the exercises.
Former students as we'll as other
friends of the school are cordially in
vited to be present.
PROGRAM
Song High School Choir
Biography..... ...........
EDITH BUrTERFIELD
Reading. ................T The Robin
STELLA YACH.
Quotations by Emily Wilson, Jennie
Bacon, Matte Bigham, Laura Bak-
er, Clyde Darling, Ella Smith, Myra
Baker, Olive Tiffany.
Recitation. . . Nanhaught, the Deacon
ALFRED CLARK.
Reading. .................T auler
LENA WINTER.
:
GRAMMAR SCHOOL.
Recitation. The Captains Well
MARION EVERETT.
Quota ions by Leila Goodrich, Raleigh
Jennings, Will Whittet, Willard
Root, Elmer Everett, May Amerman
Recitation. ....... The Corn Song
Cora JOHNSON.
A Paper by
F. B. MARCH.
Quotations by Bertha Hiatt, Kate
Barnes, Virgie Huntington, Grace
Darling, Elsie Curtis, Fannie Rowe
Alice Bigham.
Anecdotes about the Poet. ..........
S. J. RACE.
Song. High School Choir
Come to supper.