The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-05-24
CONSTITUTIONAL LAW,
"Electtocution' Decided Legal
by the Supreme Court.
THE FAMOUS KEMMLER CASE
Disposed Of-The Act Of tho Now
York Legislature Constitutional .
aud tho Murderer will Die
According to Programme.

WASHINGTON, May 23.--Tho Suprem,
Court ofttte United States to-day deniet
the application for writ OF error in tht
case Of William Ksmmler, aader sen
tencc OF death by electricity.
BY this decision the last hope for liie
afforded William Kenimlcr, tho New
York murderer, was banished, and he
will, accordingly, be executed in con.
formity with the new law governing
executions in'New York State. y
The opinion first recites tho proceed.
ings in lower courts up to the bringing
Of the case 10 this court. The court
says that tits urged in Kemmler's behall
that the fourteenth amendment : ia q
prohibition on the State OF imposition oi
cruel and unusual punishment this being
included in the term OF due process oil
law. The origin Of the phrase cruel and
unusual punishment, the court said,
was in the English act OF settlement Of
lSGS, and meant that barbarious meth.
DDS Of punishment should not be in.
tllcted. II meant thata man should not
be sentencedto death by torture, but did
not mean that the death penalty itself
was cruel. s-.7 -rs-ss .aa ,T
The Court OF Appeals, the opinion
says. held that the punishment inflicted
on kemmler was unusual, but that there
is no cvidenceft 10 Show that it is cruel.
The Legislature Of New York had tho
facts bearing on this question, and the
court must presume that the Legislature
had devised punishment it thought
less cruel than the former mode. That
decision, the court says. was not against
any special privilege set up by the pris-
oner, and was so plainly right that the
court would not DO justified in overrul-
ing it. The Fourth amendment did not
change the whole theory OF
the government. Citizens still remain
citizens, both Of the State and of the
United States The only change
ls that the amendment furnishes
an additional guarantee against any en-
croachment by the State on the funda-
mental rights OF the citizens. The priv
ileges and immunities OF citizens OF the
United States are indeed protected by
them. Those arc the privileges arising
put OF the Essential nature and character
Of the National Government. The court
quotes the opinion in the Hurtado case
On the meaning Of the phrase .'dne pro.
cess OF law" The change in form OF
death was within the legitimate. sphere
If the legislative power Of the State.
The Legislature OF the State OF New
York determined that it did not innict
cruel or unusual punishment and its
courts have sustained that determina-
ion. This court cannot see that the
prisoner has been deprived Of due pro-
less OF law.
In order to reverse the judgment this
:ourt should be compelled to hold that
he Court OF Appeals had committed an
error so gross as to deprive the prisoner
If his constitutional rights. The court
nas no hesitation in saying it cannot do
his. '''-
The case will como up before United
States Circuit Judge Wallace, who made
IN order to operate as stay OF proceed.
lngs to save kemmler's life until the
United States Supreme Court could pass
upon the questions involved. This
order was issued with the understand.
ing that counsel would Immediately ap.
ply to the Supreme Court for q writ OF
habeas corpus. Their application for
such writ was thrown out of court,
but they we're allowed q hearing on an
application for q writ OF error, and it
was this application which was
to-day denied. The Same questions
were involved in this hearing as would
come before the Supreme Court on
motion for a writ Of habeas corpus, the
only difference being one Of form and
court practice. 1t is therefore supposed
that Judge Wallace, when the order be-
comes returnable on the third Monday
in June next, will vacate it, that being
practically the understanding upon
which the order was made.