The Jersey City news., 1902-12-10
unor That No Successor to
sheriff zeller in the
Courts viii Be Ap-
pointed.
sTlCE COLLINS'S DOUBTS
] sstion Whether the Law
Authorizing Another Ser
geant-At.Arms Is Not
Repealed.
sTICE COLLINS'S DOUBTS

Sergeant-at-Arms Richard w. Dewey
If the Circuit Court viii act in the same
Is paeity in the Supreme Court as well
,s.-t; further notice. Mr.. Dewey has not
been appointed sergeant-at-arms of the
Supreme COURT, but Justice Collins this
morning announced that he would act as
saeh temporarily. The Court said
AS there seems to be some difficulty
in the law as to the appointment of
se-geant-at-arns. and as do not wish
to interfere with Judge Nevius's appoint-
Snlent, Mr.. Dewey will have to do service
in both courts until the law is changed,
if it be changed. After the opening of
court we can do without any great
amount of service here, and his services
viii probably be needed by Judge
Nevins in his court room far more than
here,
OF the legality of zelfer's appointment
tsse-e was no question, but many who
hare been looking into the matter were
s.shious about the right of Sergeant-at-
srGs Dewey of the Circuit Court
10 collect the $5 per day allowance from
.lsc ssme of the passage Of the Act rela-
f,ss to Supreme and Circuit Courts on
ss4sra %. 1860, uptil the time zeller re-
yaed-a period ofRver two and half
sss.
:hat Justice Collins had expressed
:.':t as TO his right, under existing cir
tances. to appoint Sergeant-at-
4. %Ia
fact that he made no such appointment
III The opening OF the December Term yes
sssay lent the color Of trutls to the fu-1
nor.
DEWEy,s APPOINTMENT CUES
TONED.
From present indications it would seem
thst Mr.. Dewey for two and a half years
performed the duties and collected the
salary for a position that had no legal
existence, and that if Justice Collins had
decided to appoint Sergeant-at-Arms
for his court other than Dewey, Judge
Neyius's appointee would have to step
down and out.
Although it would appear that there
were complications leading up to this I'M
usual condition, there are none apparent
Other than that the law passed in 1900,
which practically provides for but one
sergeant-at-Arms for the two courts has
never been lived up to.
John Zeller was appointed Sergeant-at
Arms of the Supreme Court by the late
Justice Lippincott, under an old law
feating that office, and for many years
was the only official at the Court House
i lding that title. When Justice Collins
asscended the Supreme Court bench Of the
Hudson Circuit he continued the appoint
nlent Of both, Sergeant-at-Arms Zeller
and Court Crier George III. Bowly.
After Judge Blair succeeded Judge
Hudspeth in the Court of Common Pleas
IN act was passed by the Legislature
reating the office of sergeant-at-arlns of
lat court and Edward t. Mitchell was
npointed to the position at $5 a day. A
car or so later an act was passed allow
the Circuit Court Judge to name
fgeant-at-arms in his court. and Rich
ID w. Dewey then began to draw the
) day salary attached to the position.
BY the provisions of an act approved
farch %, 1900, a Justice of the Su-
rome Court to whom judicial district
~ been assigned and which judicial
trict comprises county of the first
Ass" is authorized to appoint
rgeant-at-arms and court erier, to hold
ice at the pleasure Of said Justice
'e minimum compensation for both
-:ees is fixed at $500 per annum in lieu
all fees, but the Justice, at his ,liscTe-
IN, can make it any figure up to $5
lay.
CAN BE ONLY. ONE.
The act further states that when
vgeant-at-arms is appointed by the Su-
me Court Justice no other appoint
Mt to that office can be made in that
nit. This provision would seem to
ctually repeal the act under which
yvey was appointed By Judge Nevius,
long as there was sergeant-at-arms
aed by the Supreme Court Justice,
therefore it appears that he has been
iding the position without warrant of
w.
AS is known the Circuit Court is real
n part of the Supreme Court separated
m it to facilitate the transaction of
siness where there is toe much wcrk
single Supreme Court Justice.
erefore in the act Of 1900 spoken of
Circuit Court is always referred to
connection with the Supreme Court
The news that Justice Collins had con-
led thar if he named sergeant-at-
~ ff.A