Melville Fuller

“ Undoubtedly the amendment forbids any arbitrary deprivation of life, liberty, or property, and secures equal protection to all under like circumstances in the enjoyment of their rights; and, in the administration of criminal justice, requires that no different or higher punishment shall be imposed upon one than is imposed upon all for like offenses. ”

“ Upon the return of the writ before the county judge, counsel for the petitioner offered to prove that the infliction of death by the application of electricity as directed 'is a cruel and unusual punishment, within the meaning of the constitution, and that it cannot, therefore, be lawfully inflicted, and to establish the facts upon which the court can pass as to the character of the penalty. ”

“ The testimony of expert or other witnesses is not admissible to show that in carrying out a law enacted by the legislature some provision of the constitution may possibly be violated.' The determination of the legislature that the use of electricity as an agency for producing death constituted a more humane method of executing the judgment of the court in capital cases was held conclusive. ”

“ Protection to life, liberty, and property rests, primarily, with the states, and the amendment furnishes an additional guaranty against any encroachment by the states upon those fundamental rights which belong to citizenship, and which the state governments were created to secure. ”

“ The punishment of death must, in every case, be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current must be continued until such convict is dead.' Various other amendments were made, not necessary to be considered here. ”

“ Rep. 111, it is pointed out by Mr. Justice MATTHEWS, speaking for the court, that the words 'due process of law,' as used in the fifth amendment, cannot be regarded as superfluous, and held to include the matters specifically enumerated in that article; and that, when the same phrase was employed in the fourteenth amendment, it was used in the same sense, and with no greater extent. ”