weems argued decided may worthington plaintiff error assistant attorney general fowler solicitor general hoyt defendant error justice mckenna delivered opinion writ error brings review judgment philippine islands affirming conviction plaintiff error falsifying official document prosecution begun charged plaintiff error duly appointed qualified acting disbursing officer bureau coast guard transportation government philippine islands intent deceive defraud government philippine islands officials falsify public official document namely cash book captain port manilla philippine islands bureau coast guard transportation government philippine islands kept disbursing officer bureau falsification alleged much particularity committed entering paid wages employees lighthouse service government philippine islands capul lighthouse pesos like service matabriga lighthouse pesos philippine currency demurrer filed overruled convicted following sentence imposed upon penalty fifteen years cadena together accessories penal code pay fine pesetas serve imprisonment subsidiary punishment case insolvency account nature main penalty pay costs cause judgment sentence affirmed islands conceded plaintiff error questions presented philippine islands raised record contain evidence indeed plaintiff error confines discussion one point raised three questions though brought attention islands included assignment errors importance said consider right reserved rule questions follows erred overruling demurrer complaint assignment based upon fact complaint plaintiff error described officer bureau coast guard transportation government philippine islands cash book referred complaint described book captain port manila philippine islands whereas body politic government philippine island record disclose plaintiff error arraigned pleaded complaint demurrer overruled plead complaint record show plaintiff error present tried indeed present time punishment fifteen years imprisonment cruel unusual punishment extent sentence judgment reversed ground second assignment error based upon misapprehension fact abandoned argument support first assignment error based upon certain acts congress certain acts philippine commission government government islands distinguished urged one acts acts commission recognized may allegiance treason may insurrection authority either may conspiracy overthrow either hinder delay execution law either sections cited contended insular government spoken distinguished section defines duty attorney general pointed especially distinguishes civil criminal officer thereof official capacity party causes civil criminal philippine islands officer thereof official capacity party still decisively urged subdivision recognized cause action may money judgment may money government philippine islands province therefore contended government philippine islands distinct legal entities may civil obligations one may governmental liability one proceedings civil criminal either must recognixe distinction either must recognize distinction principles let us see information charges describes weems plaintiff error public official government philippine islands wit duly appointed qualified acting disbursing official bureau coast guard transportation government philippine islands charged taking advantage official position intent defraud government phillipine islands falsified public official document manner ernment designated throughout information contended body politic government philippine islands urged objection relate matter form substantial said point involved carrington ed sup military officer prosecuted civil officer government philippines conviction reversed holding soldier official philippines true distinctions raised expressed statutes necessarily difficult otherwise provide government paramount authority making use subordinate instrumentalities examples union lesser municipal divisions rights may flow lesser divisions distinction philippine statutes means conforming distinction clearly made information weems official position described officer bureau coast guard transportation government philippine islands real uncertainty description whatever technical nicety discrimination might insisted one time view provisions philippine criminal code procedure requires public offense described concise language necessarily words statute form enable person common understanding know intended pronounce indgment according right provided information complaint insufficient trial judgment proceeding affected reason defect matter form tend prejudice substantial right defendant upon merits carrington ed sup point case attempted hold carrington guilty offense civil officer done military officer latter committed offense statute first assignment error therefore sustained admitted seen questions presented third fourth assignments error made courts consideration invoked rule provides option may notice plain error assigned objected side paraiso ed sup stands way rule altogether controlled precedent confers discretion may exercised time matter may done time true declined exercise paraiso exercised wiborg ed sup clyatt ed sup crawford ed sup ann cas may said however paraiso directly applicable concerned kind crime case bar contended amount fine imprisonment imposed inflicted cruel unusual punishment may sufficiently impressed importance contentions saw circumstances case reason exercise right review rule already said rule rigid one less reluctance disregard prior examples criminal cases civil cases less reluctance act rights asserted high character find expression sanction constitution bill rights rights asserted case assignment error punishment fifteen years imprisonment cruel unusual punishment extent sentence judgment reversed ground weems convicted seen falsification public official document entering therein paid sums pesos respectively wages certain employees lighthouse service words entering upon cash book sums paid paid use language statue thereby perverted narration facts false entry necessary constitute offense whether offender statute injures anyone act intended injure anyone material trial held said necessary fraud even desire defraud intention personal gain part person committing falsification public document punishable sufficient one committed intention pervert truth falsify document damage might result third party definition nature offense purpose law said public documents law takes consideration private interests also interests community endeavor decision spain delivered quoted protect interest society strict faithfulness part public official administration office intrusted thereby fulfil state community official public documents safeguard state attempted secured law controversy found chapter penal code spain caption section official commercial documents telegraphic despatches article provides follows penalties cadena temporal fine pesetas shall imposed public official taking advantage authority shall commit falsification perverting truth narration facts provisions code find two degrees punishment higher scale cadena temporal cadena perpetua punishment cadena temporal twelve years one day twenty years arts served certain institutions provided sentenced cadena temporal cadena perpetua shall labor benefit state shall always carry chain ankle hanging wrists shall employed hard painful labor shall receive assistance whatsoever without institution arts besides certain accessory penalties imposed defined civil interdiction perpetual absolute disqualification subjection surveillance life penalties defined follows civil interdiction shall deprive person punished long suffers rights parental suthority guardianship person property participation family council marital authority rights parental authority right dispose property acts inter vivos cases excepted laws explicitly limit effects subjection surveillance authorities imposes following obligations persons punished fixing domicil giving notice thereof authority immediately charge surveillance allowed change without knowledge permission said authority writing observe rules inspection prescribed adopt trade art industry profession known means subsistence person punished placed surveillance authorities notice thereof shall given government governor general penalty perpetual absolute disqualification deprivation office even though held popular election deprivation right vote elected public office disqualification acquire honors loss retirement pay etc provisions attacked infringing provision bill rights islands forbids infliction cruel unusual punishment must confessed sentence case excite wonder minds accustomed considerate adaptation punishment degree crime sense law controversy seems independent degrees one may offender seen though gain nothing injure nobody however human indulgence exactly draconian uniformity though starts severe penalty maximum penalty yields something extenuating circumstances indeed article penal code penalty declared legal term understood distributed three parts forming three degrees minimum medium maximum respectively twelve years one day fourteen years eight months fourteen years eight months one day seventeen years four months seventeen years four months one day twenty years law therefore allows range twelve years day twenty years government brief ventures say sentence fifteen years well within law sentence attacked well law well within law words exhibit mimimum term imprisonment twelve years therefore must imposed truth single item public record though one injured though fraud purpose gain desire twenty years maximum imprisonment imposed perversion truth every item officer accounts whatever time covered whatever fraud conceals tends conceal two possible sentences seem adaptable relation rather difference eight years lowest possible offense highest possible courts selected three years add minimum twelve years day falsification two items expenditure amounting sums pesos fine must brought view fine pesetas excess also minimum already defined give graphic description weems sentence law imposed let us confine minimum degree law law concerned minimum degree confinement penal institution twelve years one day chain ankle wrist offender hard painful labor assistance friend relative marital authority parental rights rights property participation even family council parts penalty endure term imprisonment parts intermission prison bars chains removed true twelve years goes perpetual limitation liberty forever kept shadow crime forever kept within voice view criminal magistrate able change domicil without giving notice immediately charge surveillance without permission writing may seek even scenes among people retrieve fall rectitude even hope taken subject tormenting regulations tangible iron bars stone walls oppress much continuity deprive essential liberty circumstance degradation omitted may even cruelty pain omitted must bear chain night day condemned painful well hard labor painful labor may mean exact measure must something hard labor may hard labor pressed point pain penalties offenses amaze formed conception relation state even offending citizens practice american commonwealths believe precept justice punishment crime graduated proportioned offense also precept fundamental law say fundamental law provision philippine bill rights prohibiting infliction cruel unusual punishment taken constitution must meaning decided kepner ed sup ann cas serra mortiga ed sup kepner considered instructions president philippine commission quoted admonition commission government establishing designed satisfaction expression theoretical views happiness people philippine island measures adopted made conform customs habits even prejudices fullest extent consistent accomplishment indispensable requisites effective government pointed qualification accompanied admonition commission instructed bear mind people islands plainly understand certain great principles government made basis governmental system deemed rule law maintenance individual freedom president declared practical rules government found essential preservation great principles liberty law admonished commission establish maintain islands sake liberty happiness however might conflict customs laws procedure familiar view importance principles rules president said thought philippine islands come appreciate imposed observance every division branch government philippines among rules prohibited infliction cruel unusual punishment repeated act july stat chap providing administration affairs civil government islands said instructions president carry philippine islands principles government president declared established rules law maintenance individual freedom instructions president act congress found nominal existence islands penal code spain continuance declared military order may careful consideration provisions determination extent accorded repugnant principles liberty law basis governmental system upon institution government commission consideration determination necessarily came courts presented record constitutes cruel unusual punishment exactly decided said ordinarily terms imply something inhuman barbarous like mcdonald com mass however case conceded possibility punishment state prison long term years might disproportionate offense constitute cruel unusual punishment cases selected certain tyrannical acts english monarchs illustrating meaning clause extent prohibition provision received little debate congress find congressional register smith south carolina words cruel unusual punishment import indefinite livermore opposed adoption clause saying clause seems express great deal humanity account objection seems meaning think necessary meant terms bail judges understood fines lays determine cruel unusual punishment inflicted sometimes necessary hang man villains often deserve whipping perhaps ears cut future prevented inflicting punishments cruel lenient mode correcting vice deterring others commission invented prudent legislature adopt security done restrained making necessary laws declaration kind question put clause agreed considerable majority case occurred called exhaustive definition pervear massachusetts wall ed decided clause apply state national legislation went said perceive nothing excessive cruel unusual fine imprisonment hard labor house correction three months imposed keeping maintaining without license tenement illegal sale illegal keeping intoxicating liquors decision one dissent wilkerson utah ed clause came consideration statute utah provided person convicted capital offense suffer death shot hanged beheaded might direct option manner execution statute sustained pointed death usual punishment murder vailed territory many years inflicted shooting also mode execution usual military law hence concluded forbidden constitution cruel unusual quoted blackstone saying sentence death generally executed hanging also circumstances terror pain disgrace sometimes superadded mentioned author said person drawn dragged place execution treason disemboweled alive beheaded quartered high treason mention also made public dissection murder burning alive treason committed female said legislation early history parent country given annotator last edition archbold treatise archbold crim pr pl ed final commentary attend effort define exactness extent constitutional provision provides cruel unusual punishments shall inflicted safe affirm punishments torture mentioned commentator referred others line unnecessary cruelty forbidden amendment constitution cooley const lim ed wharton crim law ed passage quoted kemmler ed sup comment made cruel involve torture lingering death punishment death cruel within meaning word used constitution implies something inhuman barbarous something mere extinguishment life case application habeas corpus went question jurisdiction holding amendment apply state legislation meant language quoted give comprehensive definition cruel unusual punishment explain application provision punishment death words describe might make punishment death cruel unusual though found fact state death electricity humane death hanging vermont ed sup question raised decided reasons given federal question assigned error far arose constitution vermont within province decide moreover said federal question always ruled amendment constitution apply justice field justice harlan justice brewer opinion question presented justice field construing clause constitution prohibiting infliction cruel unusual punishment said two justices concurring inhibition directed punishments inflict torture punishments execssive length severity greatly disproportioned offenses charged said whole inhibition excessive bail required fine imposed punishment inflicted law writers indefinite story work constitution vol ed says provision exact transcript clause bill rights framed revolution expressed view provision seem wholly unnecessary free government since scarcely possible department government authorize justify atrocious conduct however observed admonition departments national department warn violent proceedings taken place england arbitrary reigns stuarts cites elliott debates refers lloyd debates elliott debates learned author meant confine prohibition provision penalties punishment inflicted stuarts citations sustain indeed provision mentioned except elliott debates already quoted citations remarks patrick henry virginia convention wilson pennsylvania convention patrick henry said danger adoption constitution without bill rights wilson considered unnecessary purposely omitted constitution indeed referred tyranny stuarts henry said people england bill rights prescribed william prince orange upon terms reign wilson said doctrine practice declaration rights borrowed conduct people england remarkable occasions principles maxims government constituted widely different appears therefore wilson thought like wilson felt sure spirit liberty trusted ideals represented debased legislation henry believed take chances predominant political impulse distrust power insisted constitutional limitations abuse surely intended register fear forms abuse went practice stuarts surely jealousy power saner justification men action practical sagacious beset vain imagining must come exercises cruelty laws inflicted bodily pain mutilation power legislature great unlimited give criminal character actions men power unlimited fix terms imprisonment accompaniments might potent instrument cruelty put hands power believed power might tempted cruelty motive clause attribute intelligent providence advocates think intended prohibit practices like stuarts prevent exact repetition history think possibility coercive cruelty exercised forms punishment overlooked say cruelty considered ordinary criminal laws cruelty might become instrument tyranny zeal purpose either honest sinister legislation statutory constitutional enacted true experience evils general language therefore necessarily confined form evil theretofore taken time works changes brings existence new conditions purposes therefore principle vital must capable wider application mischief gave birth peculiarly true constitutions ephemeral enactments designed meet passing occasions use words chief justice marshall approach immortality nearly human institutions approach future care provision events good bad tendencies prophecy made application constitution therefore contemplation may rule constitution indeed easy application deficient efficacy power general principles little value converted precedent impotent lifeless formulas rights declared words might lost reality recognized meaning vitality constitution developed narrow restrictive construction example cummings missouri wall ed prohibition ex post facto laws given extensive application minority thought given calder bull dall ed see also ex parte garland wall ed construction amendment also example one limitations constitution unthoughtful opinion justice miller expressed great doubt whether amendment ever held directed action state discriminate negroes class account race slaughter house cases wall ed extent amendment expanded beyond limitation need instanced many illustrations resistance narrow constructions grants power national government one need noticed select made power kept present minds visible effective action mean power interstate commerce power deduced eleven simple words regulate commerce foreign nations among several judgment established pronounced chief justice marshall gibbons ogden wheat ed reversed judgment chancellor kent justified celebrated jurist supposed legislative practice fourteen years fortified opinions men familiar discussions attended adoption constitution persuaded considerations learned chancellor confidently decided congressional power related internal commerce adjudged act state new york livingston fulton exclusive right using steamboats upon navigable waters state strength reasoning underrated supported said great names names titles consideration virtue intelligence office bestow narrow construction however prevail propriety arguments upon based questioned said effect supported construction cripple ment render unequal objects declared instituted powers given fairly understood render competent general discussion need farther pursue may rely conditions existed constitution adopted seen thought story indeed must come less trained reflection government people instituted constitution imitate conduct arbitrary monarchs abuse power might indeed apprehended manifested provisions practices shock sensibilities men cooley limitations apparently struggle effect given ancient examples inconsequence dread enlightened times clear decisive hesitates advance definite views expresses determining precisely meant cruel unusual punishment probable however says punishment declared statute offense punishable way common law regarded cruel unusual constitutional sense says new statutory offense may punished extent italics mode permitted common law offenses similar nature cases state courts different views provision taken state driver said criminal legislation administration uniformly humane seldom occasion complaint case sentence defendant assault battery upon wife imprisonment county jail five years expiration thereof give security keep peace five sum sureties held cruel unusual sustain judgment said prohibition cruel unusual punishment warn merely erratic modes punishment torture applied expressly also said earliest application provision england first year adoption bill rights avoid excessive pecuniary fine imposed upon lord devonshire king bench tr lord devonshire fined assault battery upon colonel culpepper house lords reviewing case took opinion law lords decided fine excessive exorbitant magna charta common right subject law land cases given narrower construction feeling constrained thereto incidences history hobbs state ind indiana expressed opinion provision apply punishment imprisonment inflicted whipping post pillory burning stake breaking wheel etc said word according modern interpretation affect legislation providing imprisonment life years death penalty hanging electrocution laws punishment crime give security citizen conclusion certainly follow expression explained impatience exhibited contention case attacked sentence two years imprisonment state prison combining assault beat bruise man nighttime indeed ventured inquiry country close nineteenth century provision obsolete except admonition courts infliction punishment severe crime words ceased restraint upon legislatures become admonition courts abuse discretion might intrusted cases might cited illustration looking backwards examples fix meaning clause others giving expansive vital character provision president thought possessed admonished philippine commission possessed rights rule law maintenance individual freedom extended review cases state courts interpreting respective constitutions make may said challenge import consequence inhibition cruel unusual punishments law consideration presents fellow american legislation let us remember come us government different form genius cruel excess imprisonment accompanies follows imprisonment unusual character punishments come condemnation bill rights account degree kind bad attributes even found federal enactment taken alien source many state cases brought attention require comment based upon sentences courts upon constitutional validity laws contentions cases vary merit justification serious consideration seen contention hobbs state supra others however inducement historical inquiry com wyatt rand whipping post justified justified comparison quartering hanging chains castration easily reduced insignificance latter case pronounced unusual cases seen something odiousness regarded one forbidden punishments certainly odious pillory latter nounced within prohibitory clause whipping also sustained foote state md punishment wife beating may aldridge com cas law considered one punishing free negroes mulattoes grand larceny law free person color condemned sold slave transported banished beyond limits judgment pronounced defendant trial addition stripes bare back judgment held valid ground bill rights state designed control legislative right determine ad libitum upon adequacy punishment merely applicable modes punishment cooley constitutional limitations says may well doubted right exist establish whipping post pillory never recognized instruments punishment whose constitutions revised since public opinion banished forbidden cruel unusual punishment ed clause constitution opinion learned commentators may therefore progressive fastened obsolete may acquire meaning public opinion becomes enlightened humane justice see ex parte wilson ed sup mackin ed sup hobbs state supra cases prominence given power legislature define crimes punishment concede power exercises disclaim right assert judgment legislature expediency laws right oppose judicial power legislative power define crimes fix punishment unless power encounters exercise constitutional prohibition case discretion legal duty strictly defined imperative direction invoked legislative power brought judgment power superior instant proper exercise power must comprehension legislature take account consideration mischief remedy however certain subordination judiciary legislature function legislature primary exercise fortified presumptions right legality interfered lightly judicial conception wisdom propriety limitation repeat constitutional ones judiciary must judge expressed elementary truths avoid misapprehension recognize fullest wide range power legislature possesses adapt penal laws conditions may exist punish crimes men according forms frequency intend opinion express anything contravenes propositions meaning may illustrated instance territory ketchum pac case brought attention antagonistic views cruel unusual punishments statute sustained imposed penalty death upon person make assault upon railroad train car locomotive purpose intent commit murder robbery felony upon passenger employee express messenger mail agent territory discussed purpose amendment expressed views opposed announce opinion finally rested decision upon conditions existed territory circumstances terror danger accompanied crime denounced also may mention legislation enlarging definition burglary dividing degrees fixing severer punishment committed nighttime committed daytime arson buildings human beings may arson buildings may vacant cases something give character degree crimes seeking felonious gain may properly become element measure punishment comment turn back law controversy character contence case may illustrated examples even better represented words degrees homicide punished severely following crimes misprision treason inciting rebellion conspiracy destroy government force recruiting soldiers fight forgery letters patent forgery bonds instruments purpose defrauding robbery larceny crimes section penal laws revised amended act congress march stat chap comp stat supp provides person charged payment appropriation made congress shall pay clerk employee sum less provided law require receipt sum greater paid received shall guilty embezzlement shall fined double amount withheld imprisoned two years offense described similarity offense weems convicted punishment provided great contrast penalties cadena temporal turn legislation philippine commission find instead penalties cadena temporal medium degree fourteen years eight months one day seventeen years four months fine cadena perpetua fixed spanish penal code falsification bank notes instruments authorized law kingdom provided forgery counterfeiting obligations securities philippine islands shall punished fine pesos imprisonment fifteen years words highest punishment possible crime may cause loss many thousand dollars prevent duty state eager prevent perversion truth public document greater may imposed falsifying single item public account contrast shows different exercises legislative judgment greater condemns sentence case cruel unusual exhibits difference unrestrained power exercised spirit constitutional limitations formed establish justice state thereby suffers nothing loses power purpose punishment fulfilled crime repressed penalties tormenting severity repetition prevented hope given reformation criminal suggested provision imprisonment philippine code separable accessory punishment latter may declared illegal leaving former application pridgeon ed sup referred proposition decided case jurisdiction person offense imposition sentence excess law permits render legal authorized portion sentence void leaves portion sentence may excess open question attack proposition applicable case bar imprisonment accessories accordance law excess positively required provided article seen sentenced cadena temporal shall labor benefit state shall always carry chain ankle hanging wrist shall employed hard painful labor shall receive assistance whatsoever without penal institutions provided article penalty cadena temporal shall include accessory penalties graham ed sup recognized general rule judgment rendered criminal case must conform strictly statute variation provisions either character extent punishment inflicted renders judgment absolutely void ex parte karstendick ed said cases statute makes hard labor part punishment imperative upon include sentence similar view expressed mills ed sup recognized pridgeon cases quoted sustained philippine code unites penalties cadena temporal principal accessory power separate even separable unless independence say union made imperative legislature employers liability cases howard illinois ed sup certainly said philippine code spanish enactment order putting effect islands attempt destroy unity provisions effect unity words put force existed provisions dependent therefore declare separable follows views even minimum penalty cadena temporal imposed repugnant bill rights words fault law pointed sentence imposed judgment must reversed directions dismiss proceedings ordered justice lurton member case argued took part decision justice white dissenting philippine law made criminal entry public record public official knowingly false statement punishment prescribed violating law fine imprisonment penal institution hard painful labor period ranging twelve years day twenty years prisoner subjected accessories main punishment carrying imprisonment chain ankle hanging wrist deprivation term imprisonment civil rights subjection besides perpetual disqualification enjoy political rights hold office discharge surveillance authorities plaintiff error convicted violation law sentenced pay small fine undergo imprisonment fifteen years resulting accessory punishments referred neither trial first instance philippine islands question raised concerning repugnancy statute defining crime fixing punishment provision philippine bill rights forbidding cruel unusual punishment indeed question subject even indirectly referred assignments error filed purpose writ error brief counsel however contention made sentence void term imprisonment cruel unusual one therefore repugnant bill rights deeming contention importance require passed upon although raised holds statute punishment prescribes repugnant bill rights therefore void reason alone reverses remands directions discharge philippine bill rights construed applied identical cruel unusual punishment clause amendment identity decided necessary give philippine bill rights meaning properly attributable provision subject found amendment using language amendment statute presumed congress intended give words constitutional significance ruling made therefore interpretation amendment announces limitation amendment imposes congress exercising legislative authority define punish crime great importance decision hence obvious course every case punishment inflicted commission crime suffering punishment wrongdoer alone regarded sense compassion aroused mislead render performance judicial duty impossible conceded natural conflict sense commiseration commands duty augmented nature crime defined philippine law punishment law prescribes abstractly considered since impression produced legislative authority severely exerted say abstractly considered first impression produced merely abstract view subject met admonition duty defining punishing crime never civilized country exerted upon mere abstract considerations inherent nature crime punished always involved practical consideration tendency particular time commit certain crimes difficulty repressing far necessary impose stern remedies prevent commission crimes course considerations involve necessity familiarity local conditions philippine islands possess want knowledge additionally admonishes wrong arise forming judgment upon insufficient data without knowledge upon judgment exerted strength indeed added last suggestion fact question concerning subject raised courts considered therefore opportunity afforded courts presumably least relatively familiar local conditions express views considerations may led prescribing punishment question turning aside therefore mere emotional tendencies guiding judgment alone aid reason command unable agree ruling opinion ruling rests upon interpretation cruel unusual punishment clause amendment naver announced repugnant natural import language employed clause interpretation curtails legislative power congress defind punish crime asserting right judicial supervision exertion power disregard distincition legislative judicial department government deem duty dissent state reasons perform duty requires outset precise statement construction given ruling made provision amendment inability must however confessed find impossible fix precision meaning gives provision purpose criticizing solely order indicate perplexity subject reasons doubt briefly given thus mind appears follows first interprets inhibition cruel unusual punishment imposing upon congress duty proportioning punishment according nature crime casts upon judiciary duty determining whether punishments properly apportioned particular statute decline enforce seems case reference made harshness principal punishment imprisonment comments deems severity inhumanity accessories result accompany declaration substance things offend principle proportioning punishment nature crime punished stated fundamental precept justice american criminal law view upheld seems additionally demonstrated fact punishment crime question imposed philippine law compared philippine punishments crimes deemed less heinous conclusion deduced fact serves establish punishment imposed case exertion unrestrained power condemned cruel unusual punishment clause second duty apportionment compels lawmaking power adequately apportion punishment crimes legislates also exacts performance duty apportionment must discharged taking view standards whether lenient severe existing distinct jurisdictions failure authorizes courts consider standards discretion judge validity law accordingly say although expressly declares opinion considering case decided highest one territories legislative power define punish crime committed territory purpose amendment separate distinct legislation congress yet testing validity punishment affixed law question proceeds measure alone philippine legislation provisions several acts congress punishing crime substance declares congressional laws proper standard effect holds greater proportionate punishment inflicted philippine law lenient punishments prescribed laws congress establishes philippine law repugnant amendment third cruel unusual punishment clause amendment controls exertion legislative power modes punishment proportionate otherwise addresses also mainspring legislative motives enacting legislation punishing crime particular case therefore confers upon courts power refuse enforce particular law defining punishing crime opinion law manifest lawmaking power fixing punishment sufficiently impelled purpose effect frformation criminal said statements contained opinion legislative duty shape legislation view punish reform criminal inferences deduce conceived failure violation constitutional duty fourth cruel unusual punishment clause merely limit legislative power fix punishment crime excepting authority right impose bodily punishments cruel kind strict acceptation terms limits legislative discretion determining degree severity appropriate usual mode punishment may particular case inflicted therefore endows courts right supervise exercise legislative discretion adequacy punishment even although resort authorized kinds punishment thereby endowing courts power refuse enforce laws punishing crime judicial judgment legislative branch government prescribed severe punishment able assent seems respects conflicting events widely divergent propositions shall consider sanctioned interpretation given prohibition amendment conception mind shall consider subject approaching text amendment determine true meaning let briefly point opinion significance must receive sustain propositions rested upon first place lawmaker defining punishing crime imperatively restrained constitutional provisions apportion punishment consideration alone abstract heinousness offenses punished must result power circumscribed impossible execution events restricted exclude possibility taking account defining punishing crime considerations concerning condition society tendency commit particular crime difficulty detecting necessity resorting stern measures repression various subjects times deemed essential weighed defining punishing crime certainly paralysis discretion vested lawmaking authority propositions accomplish immeasurably magnified considered duty proportioning punishment requires taking account standards prevailing different countries jurisdictions thereby exacting legislation subject crime must proportioned conditions intended apply must based upon conditions legislation enacted relation concern whatever considered propositions go insist legislation seems judicial mind sufficiently impelled motives reformation criminal legislation defining punishing crime held repugnant constitutional limitations impotency legislative power define punish crime made manifest result added consideration interpretation necessary effect simply cause cruel unusual punishment clause carve domain legislative authority power resort prohibited kinds punishments subjects judicial control degree severity authorized modes punishment may inflicted seems demonstration conclusive nothing left independent legislative power punish define crime interpretation made pushed future application logical conclusion let come amendment purpose stating clause question opinion authorize deductions drawn therefore sanction ruling made shall consider amendment origin mother country meaning given prior american revolution migration existence revolution prior adoption constitution incorporation constitution construction given practice beginning time judicial interpretation received associated construction affixed practice judicially provision found various state constitutions bills rights without going unnecessary historical detail sufficient point kemmler ed sup provision reference cruel unusual punishments taken act parliament entitled act declaring rights liberties subject settling succession crown act observed regular form crystallization declaration rights year hallam const hist also certain declared kemmler case declaration rights reference acts executive judicial departments government england since embodied grievances deemed suffered usurpations crown transgressions authority courts recitals declaration rights bill rights grievances complained illegal cruel punishments inflicted utterly directly contrary known laws statutes freedom realm declaration bill rights remedy formulated declaration infliction cruel unusual punishments whatever may difficulty fixing ing prohibition origin may doubted indeed questioned anyone cruel punishments bill rights provided atrocious sanguinary inhuman punishments inflicted past upon persons criminals certain difficulty interpretation involved determining intended unusual punishments referred provided light however subject afforded observing unusual punishments provided responsive obviously considered illegal punishments complained complaints first customary modes bodily punishments whipping pillory exercise judicial discretion applied unusual degree cause illegal second cases authority sentence perpetual imprisonment exerted assumption power resulted existence judicial discretion sentence imprisonment unusual therefore illegal inflict life imprisonment absence express legislative authority words prohibitions although conjunctively stated really disjunctive embraced braced follows prohibitions resort inhuman bodily punishments past certain bodily punishments customary prohibition infliction extent unusual consequently illegal infliction assumption exercise judicial discretion unusual punishments bodily imposed except express statute wholly beyond jurisdiction impose scope power guaranty thus stated found portrayed reasons assigned members house lords dissented two judgments perjury entered king bench titus oates tr judgments dissenting reasons copied margin well dissent feferred report conferees judgment titus oates upon conviction upon two indictments perjury announced tr cols order fine pay marks upon indictment secondly stript canonical habits thirdly award stand upon pillory pillory gate upon monday next hour time hours paper head must first walk round courts declaring crime upon first indictment fourthly second indictment upon tuesday shall stand upon pillory royal exchange london space hour hours inscription shall upon next wednesday whipped aldgate newgate upon friday shall whipped newgate tyburn hands common hangman oates remember several particular times swore false therefore annual commemorations may known people long live taken special care annual punishment upon april every year long live stand upon pillory pillory tyburn opposite gallows space hour hours stand upon pillory gate every august every year long live may known mean remember swore ireland town august stand upon pillory august every year life hour like temple gate upon upon september another notorious time remember stand upon pillory space one hour royal exchange every year life committed close prisoner long live dissenting statement minority house lords part house commons made body concerning bill set aside judgments oates referred cobbett parl history proceeded upon identity deemed illegal practices complained intended rectified prohibition cruel unusual punishments made declaration rights treated prohibition already stated substantially disjunctive forbidding things enumerated see disjunctive character provision stephen com law eng ed origin purpose declaration bill rights thus fixed becomes clear declaration susceptible meaning attributed language found constitution england nowhere deemed theory proportional punishment suggested bill rights protest thereby intended severity punishments speaking generally demonstrated practice prevailed england punishing crime time bill rights time american revolution speaking subject stephen history criminal law england vol pp says severity criminal law greatly increased eighteenth century creation new felonies without benefit clergy however making deductions grounds doubt legislation eighteenth century criminal matters severe highest degree destitute sort principal system sake brevity review practises prevailed colonial period referred therefore attention directed express guaranties certain state constitutions adopted declaration independence prior formation constitution circumstances connected subsequent adoption amendment maryland bill rights declared cahrters constitutions pp sanguinary laws avoided far consistent safety state law inflict cruel unusual pains penalties made case time hereafter excessive bail required excessive fines imposed cruel unusual punishments inflicted courts law constitution north carolina general terms prohibited infliction unusual punishments virginia bill rights adopted provided follows excessive bail required excessive fines imposed cruel unusual punishments inflicted massachusetts declaration rights direct prohibition placed upon infliction magistrates courts cruel unusual punishments provision follows magistrate law shall demand excessive bail sureties impose excessive fines inflict cruel unusual punishments declaration rights new hampshire follows penalties proportioned nature offense wise legislature affix punishment crimes theft forgery like murder treason undistinguishing severity exerted offense people led forget real distinction crimes commit flagrant little compunction lightest dye reason multitude sanguinary laws impolitic unjust true design punishments reform exterminate mankind magistrate law shall demand excessive bail sureties impose excessive fines inflict cruel unusual punishments substantial identity provisions several constitutions bills rights shows beyond doubt meaning understood say significance attributed mother country result bill rights appreciated intended using identical words give meaning observed new hampshire bill rights contains clause admonishing wisdom apportionment punishment crime according nature offense marked contrast enactment express positive terms cruel unusual punishment clause english bill rights provision apportionment merely advisory additionally demonstrating precise accurate conception entertained nature character prohibition adopted english bill rights undoubtedly american prior formation constitution necessity protection afforded cruel unusual punishment guaranty english bill rights ceased matter concern rule cruel bodily punishments former times longer imposed judges moderate bodily punishment usual guise discretion directed infliction punishments unusual degree transcend limits discretion cause punishment illegal also attempted virtue mere discretion inflict unusual extreme punishments always deemed proper inflicted result express statutory authority despite considerations true solicitude arose submission constitution ratification threatened delay prevent ratification part least occasioned failure guarantee infliction cruel unusual punishments thus massachusetts convention holmes discussing general result judicial powers conferred constitution referring right congress define fix punishment crime said elliot debates nowhere restrained inventing cruel punishments annexing crimes constitutional check racks gibbets may amongst mild instruments discipline opposition ratification virginia convention earnestly eloquently voiced patrick henry well known require anything statement absence guaranty cruel unusual punishment one causes solicitude henry possessed shown debates convention thus patrick henry said elliot debates business legislation members congress lose restriction imposing excessive fines demanding excessive bail inflicting cruel unusual punishments prohibited declaration rights distinguished ancestors admit tortures cruel barbarous punishment congress may introduce practice civil law preference common law may introduce practice france spain germany torturing extort confession crime say might well draw examples countries great britain tell necessity strengthening arm government must criminal equity extort confession torture order punish still relentless severity lost undone man think troublesome small interference prevent rights lost like virginian government give knowledge extent rights retained people powers honest men thank wish go sure grounds leave otherwise know proceed state uncertainty assume rather give powers implication observations plainly observations plainly seen addressed fear repetition either sanction law practice courts barbarous modes bodily punishment torture protest embodied bill rights ultimate recognition henry patriotic duty ratify constitution trust subsequent adoption bill rights submission adoption first ten amendments bill rights followed ratification connection madison drafting amendments fact amendment precise words guaranty subject virginia bill rights seem make perfectly clear intended amendment remedy wrongs provided english bill rights likewise provided virginia provision therefore intended guard evils vividly portrayed henry debate quoted common understanding must existed subject plainly inferred fact amendment substantially submitted congress without debate subject lloyd debates course view nature character government constitution called incorporation amendment caused provisions operate direct controlling prohibition upon legislative branch well departments restraining authorizing directing infliction cruel bodily punishments past one evils sought prevented future english bill rights also restrained courts exerting congress empowering select exert way discretion modes punishment usual usual modes punishment degree usual alone imposed express authority law obvious result lends support theory adoption amendment operated intended prevent legislative branch government prescribing according conception public policy required punishments severe otherwise deemed necessary prevention crime provided resort infliction bodily punishments cruel barbarous character amendment expressly provided conclude hold amendment addition depriving lawmaking power right authorize infliction cruel bodily punishments restricted courts discretion possessed exerting power punish mode manner unusual require legislative sanction thereby deprived congress power sanction punishments amendment forbade imposed merely sanctioned words power denied judiciary certain things without legislative authority thereby right part legislature confer authority taken away impossible conclusion lead equally impossible result effect amendment deprive congress legitimate authority punish crime prescribing modes punishment even although employed appropriate purpose meaning ascribed amendment attributed time adoption shown fact single suggestion meaning pointed hand practice beginning shows directly contrary demonstrates congress adopted amendment construed practice construed since first crimes act prescribed punishments crime utterly without reference assumed rule proportion conception right judiciary supervise action congress respect severity punishment excluding always right impose punishment cruel bodily punishments prohibited clearer demonstration statement made ex parte wilson ed sup nature first crimes act follows first crimes act forgery public securities knowingly uttering forged public securities intent defraud well treason murder piracy mutiny robbery rescue person convicted capital crime punishable death offenses punished fine imprisonment whipping part punishment stealing falsifying records fraudulently acknowledging bail larceny goods receiving stolen goods disqualification hold office part punishment bribery convicted perjury subornation perjury besides fined imprisoned stand pillory one hour rendered incapable testifying act april chap stat justice wilson charge grand jury wilson works think beyond power even question legislation congress date first crimes act present time exemplifies truth said since legislation time time altered modes punishment increasing diminishing amount punishment deemed necessary public good prescribing punishments new character without reference assumed rule apportionment conception right judicial supervision deemed obtain impossible regard brevity demonstrate statements many illustrations let give sample legislation enacted congress change punishment first crimes act act april chap stat forgery public securities knowingly tering offering sale forged counterfeited securities intent defraud made punishable death punishment fine imprisonment hard labor fifteen years rev stat comp stat first crimes act also numerous others since time various additional punishments commission crime imposed prescribing disqualification hold office witness courts late law enacted congress prescribed punishment crime disqualification enjoy rights citizenship rev stat comp stat comprehensively looking rulings may conceded hitherto definitely interpreted precise meaning clause question cases protection amendment invoked cases came courts last resorts opinions leave room contention proceeded upon implied assumption amendment govern virtue adoption amendment however wilkerson utah ed case coming territory utah meaning clause amendment question came directly review question decision whether sentence death shooting imposed assumed exercise discretionary power fix mode execution sentence repugnant clause deciding undertake fully interpret meaning clause nevertheless reasoning exclusion expressly negatived construction placed upon said pp pervear massachusetts wall ed wilkerson utah ed kemmler ed sup mcelvaine brush ed sup howard fleming ed sup attend effort define exactness extent constitutional provision provides cruel unusual punishments shall inflicted safe affirm punishments torture mentioned commentator referred others line unnecessary cruelty forbidden amendment constitution cooley const lim ed wharton crim law ed doubtless ruling caused subsequently say kemmler ed sup cruel involve torture lingering death punishment death cruel within meaning word used constitution implies something inhuman barbarous something mere extinguishment life generally viewing action bills rights prohibition inhuman cruel unusual punishments true say provisions substantially conform english bill rights provision amendment considering using expression unusual others accurate expression unusual instances provision requiring punishments proportioned nature offense added inhibition cruel unusual punishments one illinois prohibition cruel unusual punishments expressed although proportional punishment commanded yet kelly state discussing extent punishment inflicted criminal statute illinois declared say penalty proportioned nature offense another state ohio early constitution state proportionate punishment conjoined cruel unusual punishment provision proportionate provision omitted later constitution true say time forbidding indulging review statutes legislation absolutely conflict repugnant construction given clause since legislation exemplifies exertion legislative power define punish crime according legislative conception necessities situation without slightest indication assumed duty proportion punishments without suggestion existence judicial power control legislative discretion provided cruel bodily punishments forbidden resorted decisions state courts last resort seems absolute uniformity without single exception beginning proceed upon conception true reasoning employed various cases critically examined difference conception manifested occasion adoption english bill rights remedy provided generally speaking carefully analyzed seen difference occasioned treating provision cruel unusual punishment conjunctive instead disjunctive thereby overlooking fact think previously demonstrated case term used clause qualification provision cruel punishments simply synonymous illegal mainly intended restrain courts guise discretion indulging unusual consequently illegal exertion power certain however whatever may differences reasoning stands bold relief state cases given understand without single exception clear certain exclusion prohibition upon lawmaking power determine adequacy crime shall punished provided cruel bodily punishments past resorted let briefly refer cases aldridge com cas decided twenty years ratification amendment speaking concerning evils guaranty virginia bill rights cruel unusual punishments addressed referring punishments usually applicable state crime time adoption bill rights virginia said consider sanctions sufficiently rigorous knew best heads hearts land ancestors long loudly declaimed wanton cruelty many punishments practised countries section bill rights framed effectually exclude future legislature moment perhaps great general excitement tempted disgrace code introduction odious modes punishment four years later applying dectrine com wyatt rand punishment whipping challenged contrary virginia bill rights said punishment offenses stripes certainly odius said unusual provision constitution georgia expressly guaranteeing cruel unusual punishments constitution year however contained clause identical terms amendment scope guaranty arose decision whitten state case upon conviction assault battery whitten sentenced imprisonment payment fine costs contention sentence disproportionate offense committed cruel unusual repugnant guaranty one immediate aspects case involved guaranty excessive fines imprisonment coercive means payment fine aspect case involved cruel unusual punishment clause considered coming interpret clause said law unconstitutional violation article constitution declares excessive fines shall imposed cruel unusual punishments inflicted another question latter clause doubtless intended prohibit barbarities quartering hanging chains castration etc adopted framers constitution larceny generally punished hanging forgeries burglaries way remembered penitentiaries modern origin doubt ever entered mind men day crime witness makes defendant guilty deserved less penalty judge inflicted interference matters left constitution legislative department government us undertake weigh propriety penalty fixed legislature specific offenses long provide cruel unusual punishments disgraced civilization former ages made one shudder horror read drawing quartering burning constitution put limit upon legislative discretion state white pac sought reverse sentence five years imprisonment penitentiary imposed upon boy sixteen statutory rape girl aged sixteen consented contended statute applied unconstitutional void reason conflicts bill rights inflicts cruel unusual punishment conflict spirit bill rights generally violation common sense common reason common justice severely criticized statute deciding offense embraced statute said respect severity punishment think true severer one ever provided state country offense yet say statute void reason imprisonment penitentiary hard labor cruel unusual punishment within meaning bill rights constitution kind punishment resorted ever since kansas existence kind punishment common civilized countries section constitution probably however relates kind punishment inflicted duration although punishment case may considered severe much severer indeed punishment offenses much greater magnitude adultery sexual intercourse coupled seduction yet say act providing unconstitutional void state hogan ohio sustained law prescribed punishment imposed tramp threatening injury person another imprisonment penintentiary three years less one year course opinion said objection act prescribes cruel unusual punishment think well taken imprisonment hard labor neither cruel unusual may severe given instance question power kemmler ed sup cornelison com punishment effective prove deterrent tramp cares nothing jail sentence often courts workhouse sentence less welcome workhouses state penitentiary sentence real punishment work shirk minnesota register deeds convicted misappropriating sum turned county treasurer sentenced pay fine imprisoned hard labor one year contention sentence repugnant state constitutional guaranty cruel unusual punishment considered disposed state borgstrom among things said claimed sentence imposed altogether disproportionate offense charged defendant convicted comes within inhibition const art cruel unusual punishments inflicted unmindful importance question given serious thorough examination importance demands england time punishment torture loading weights make confess traitors condemned drowned disemboweled burned law offender shall drawn rather dragged gallows shall hanged cut alive entrails shall removed burned yet lives head shall decapitated body divided four parts browne bl com certain offenses offender punished cutting hands ears boiling oil putting pillory roman law parricide punished sewed leather sack live dog cock viper ape cast sea punishments may properly termed cruel happily humane spirit nation permit punishments inflicted upon criminals punishments warranted laws nature society find prohibited constitution within limitation restriction legislature ordinarily judge expediency creating new crimes prescribing penalty amount money misappropriated instance great legislature evidently mind fact misappropriation public official public money destructive public rights stability government fine imprisonment ordinarily cruel unusual punishments territory ketchum pac considered whether statute recently put force imposed death penalty instead former punishment imprisonment attempt train robbery cruel unusual sustaining validity law pointed conditions society presumably led lawmaking power fix stern penalty lengthy discussion subject held law impose punishment cruel unusual cases reviewed typical therefore content noting margin many others general effect stating done opinion case found sustaining proposition holds course unmindful north carolina case state driver cited authority louisiana case state ex rel garvey whitaker la ann sometimes referred general tenor brief analysis driver case indicate opinion support contention based upon case accused convicted assault battery sentenced imprisonment five years county jail offense misdemeanor punishment fixed statute observed page left discretion judge testing whether term sentence unusual therefore illegal held long term imprisonment county jail unlawful unusual gross abuse lower discretion although made reference constitutional guaranty slightest indication opinion deemed power set aside sentence inflicted virtue express statutory command aside seems test applied driver case determine unusual punishment north carolina necessarily local character affords possible ground giving erroneous meaning amendment say examination opinion disclose proceeded upon consideration disadvantages peculiar imprisonment county jail north carolina compared greater advantages arise imprisonment like term penitentiary saying true terms imprisonment much longer penitentiary man may live made useful county jail close prison life soon jeopardy prisoner useless heavy public expense louisiana case content saying substance involved merely question error committed magistrate imposing punishment many offenses law offense continuing single one considerations stated deduce ground whatever mind sustains interpretation given cruel unusual punishment clause contrary opinion review made demonstrates word used amendment forbids lawmaking power prescribing punishment crime courts imposing punishment inflicting unnecessary bodily suffering resort inhuman methods causing bodily torture like nature cruel methods bodily torture made use prior bill rights recurrence word used instrument illustrate death method punishment prescribed law course painful sense cruel infliction punishment clearly prohibited word although word manifestly intended forbid resort barbarous unnecessary methods bodily torture executing even penalty death opinion previous considerations also establish word accomplished three results first primarily restrains courts acting authority general discretionary power impose punishment possessed common law inflicting lawful modes punishment unusual degree cause punishment illegal degree inflicted without express statutory authority second restrains courts exercise discretion inflicting mode punishment unusual impliedly within discretion consequently illegal absence express statutory authority third foregoing operated restrain lawmaking power endowing judiciary right exert illegal discretion kind extent punishment inflicted given see respect construction thus stated minimizes constitutional guaranty causing become obsolete ineffective securing purposes led adoption course may doubted provision cruel bodily punishment restricted mere means used past accomplish prohibited result prohibition generic embraces methods within intendment thus conceived morrow lawmaking power instead providing infliction death penalty hanging command infliction burying alive doubt law repugnant constitutional inhibition cruel punishment consideration obvious must equally apparent prohibition infliction cruel bodily torture extended limit legislative discretion prescribing punishment crime modes methods embraced within prohibition cruel bodily punishment considered even generic sense without disregarding elementary rules construction prevailed beginning course beneficent application constitution requirements national life great measure resulted simple general terms powers created constitution conferred limitations provides expressed beneficent result also essentially depended upon fact never hasitating bring within powers granted restrain limitations created things generically within embrace also incessantly declined allow general words construed include subjects within intendment great results accomplished application familiar rule generically included words employed constitution ascertained considering origin significance time adoption instrument may denied ed sup kepner ed sup ann cas directly repugnant conception judicial construction constitutional limitations may made progress ultimately include intended embrace principle seems ruling made direct conflict since interpretation adopted two results accomplished clause cruel punishments intended prohibit inhumane barbarous bodily punishments construed limit discretion lawmaking power determining mere severity punishments prohibited character may prescribed interpreting word adopted sole purpose limiting judicial discretion order thereby maintain supremacy lawmaking power cause prohibition bring directly contrary result expand judicial power endowing vast authority control legislative department exercise discretion define punish crime assuming sake argument wrong view amendment endows courts power review discretion lawmaking body prescribing sentence imprisonment crime yet agree conclusion reached case mere term imprisonment within rule true imprisonment hard painful labor certainly mere qualification painful addition hard basis upon decided legislative discretion abused since understand meaning term requires knowledge discipline prevailing prisons philippine islands division hard labor classes one irksome may said painful sense severity well known english prisons act pub stat assume mere fact chain carried prisoner causes punishment repugnant bill rights since chain may irksome evidently intended prevent performance penalty hard labor provision may well part ordinary prison discipline particularly communities jails insecure may precaution applied commonly applied country means preventing escape prisoners instance sentence imposed work roads work escape might likely brought conclusion accessory punishments basis ruling made legislative discretion abused cause necessary declare law prescribing punishment crime invalid see foundation ruling mind accessory punishments even assumption sake argument amounted abuse legislative discretion clearly separable main punishment imprisonment sentence legal one part illegal another open controversy illegal separable may disregarded legal enforced pridgeon ed sup said illegality merely sentence law authorizes sentence grant premise illegal capable separation legal law well sentence criminal case none less subject rule statute unconstitutional part part unconstitutional part separable may rejected constitutional part maintained course true done provided assumed legislature enacted legal part separate illegal ruling made must therefore rest upon proposition law provided illegal addition legal ment must assumed legislature defined punished crime legal extent extent legislature mistaken powers contend indulge assumption unwarranted directly decided contrary term union supply sup case corporation proceeded criminally offense punishable imprisonment fine corporation clearly subjected imprisonment contention lawmaker must presumed intended punishments inflicted upon person violating law therefore intended include corporation within terms overruling contention said free minds notion criminal statutes must construed artificial conventional rule natural inference statute prescribes two independent penalties means inflict far one impossible mean account let defendant escape authorized say justice holmes concurs dissent footnotes king bench temporal made part judgment titus oates clerk said perjuries devested canonical priestly habit continue devested life matter wholly power belonging ecclesiastical courts said judgments barbarous inhuman unchristian precedents warrant punishments whipping committing prison life crime perjury yet part punishments inflicted upon particular matters upon indictments found points objected titus oates testimony several trials allowed good credible witness though testified persons witnessed upon indictments encouragement allowance giving like cruel barbarous illegal judgments hereafter unless judgment reversed sir john holt sir henry pollexfen two chief justices sir robert atkins chief baron six judges present many reasons us solemnly deliver opinions unanimously declare said judgments contrary law ancient practice therefore erroneous reversed contrary declaration february last ordered lords spiritual temporal commons assembled declaration engrossed parchment enrolled among records parliament recorded chancery whereby doth appear excessive bail required excessive fines imposed cruel unusual punishments inflicted cases decided state territorial courts last resort involving question whether particular punishments cruel unusual ex parte mitchell cal pac people clark cal pac fogarty state kelly state hobbs state ind state teeters iowa tutt pac cornelison com harper com state ex rel hohn baker la foote state md com hitchings gray mcdonald com mass lurton circuit judge people morris people smith people whitney dummer nungesser people huntley state williams mo ex parte swann mo state moore mo state van wye mo state gedicke garcie territory state apple state ex rel larabee barnes state becker state hodgson atl state de lano state fackler mcdonald wyo pac