The Record-courier. [volume] (Gardnerville, Nev.) 1904-current, 1922-07-07
GAS ROUTE IS
HUMANE DEATH.

Contending that 'oaths taken by Off
GERS to do their duty to the best of
their ability would preclude the tor
turing of men sentenced to die by
lethal gas and claiming that the state
lethal gas law is not in conflict with
the federal constitution as prescrib-
ing cruel and unusual punishment
counsel in the prosecution of Hughie
Sing and Gee Jon today filed brief
in the state supreme court.
The brief is signed by Attorney
General Fowler, Deputy Attorney
General Robert Richards, District At.
torney j. II. White of Mineral county
and Attorney George Green, assistant
prosecutor in the case.
1T deyolves upon the legislature
to fix the punishment for crime, and
in the exercise of their judgment,
great latitude must be allowed, the
courts may reasonably interfere only
when the punishment is so unreason-
able or so cruel as to meet the dis
approval and condemnation of the
conscience and reason OF men gem
orally" the brief quotes from a
court opinion.
Some complaint seems to appear
in that the legislature has not pre-
scribed formula for lethal gas or a
method for its administration and
that, therefore, the officers charged
with executing the sentence might
prescribe gas or pursue method
which would be unusual and cruel
and tend to torture the convict. This
is an absurdity," the brief continues.
Death by gas is not in its expert
mental stage, although its application
to criminal executions has not here
tofore been applied in -this country.
1t has been developed scientifically
and It's effect upon the individual and
beasts has been observed by science
from time almost immemorable in
the study of suicide and the extermn-
atom of brute beasts and In observing
its effect upon them in perfecting the
knowledge Of anatomy. etc. of human
kind
Accordingly. officials who engage
in the performance of their duties
according to their oaths are safe
guarded by the presumption of law
that they will perform their duty to
the best of their ability and in the
instant case according to approved
methods based upon scientific dis
coveries and investigations.
"The same objections as made by
counsel was offered when the statute
providing for eleetrocution in the
state OF New York was approved, but
this objection was held for naught
and the same objection could very
appropriately be made in the case of
sentencing a murder to be shot in
stead of hung. for forsooth, the Off
cial executing the sentence might rid
die the criminal with buckshot in
stead OF a single bullet-thus eXecut-
ing him by a process of slow tor
ture. We repeat the objection is
absurd.
in concluding this topic we assert
that 1t is the law, and that even if
the statute In question were indefi-
mite, were uncertain. or the punish
ment was cruel and unusual as Of
Tending the constitution. or II the
statute provided punishment by death
and did not provide the method of
execution, neither of these could not
aid the defense, for it is held that
the court officials In charge of ex-
ecuting the judgment have the right
to select a punishment without tor
ture that is not unusual and cruel
and that is expeditions.
I'VE submit that the judgment and
order appealed from should be af-
firmed"
The error alleged by Attorney
Frame for the condemned Chinese
that a separate trial was not granted
each in the district court is left to
the judgment of the supreme court
In the brief filed today, and the
record does not sustain the conten-
tion, it is claimed, that the witnesses
were testifying against themselves
through the admission of a confession
of Hughie Sing as evidence.
The case was set for argument by
the supreme court today for August
26.-Carson Appeal.