Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-05-02
R. WAYNE PARKER
IN COURT FIGHT
OVER ZINC MINES
Congressman Contends Company
to Whom He Leased Property
Is Violating Contract.

congressman II. wayne fdrKer
appeared as complainant before Vice
Chancellor James E. Howell, in
Chancery Chambers, today, In an ac-
,tion against the New Jersey Zinc
Company, to enforce the terms of a
lease of mining rights owned by him
in Sussex county, in which, it has
been figured out, two weeks will be
consumed in the taking Of the testi-
mony alone. That testimony will be
of a highly technical nature, and, it
is expected, will result in several
weighty points to be decided by the
bench.
For the last sixteen years zinc ore
has been taken from the Sussex
county mines by the company, the
monthly output In recent years being
approximately 10000 tons a month. Its
value is said to be $40 a ton. and In the
suit, which was actively begun today.
1t is claimed that at least a part of the
ore Is worth twice that sum, or $40 a
ton.
Three important questions are in
volved in the suit. One is whether the
royalties to which, 1t Is admitted, Con-
gresham Parker Is entitled, should be
paid according to the certain weights
as the ore is taken from he mines, or
whether the royalties should be paid
according to other weight standards,
and after the ore has been subjected to
processes OF refinement and concentra-
ton. The claim of Congressman Parker
is that royalties should be paid ac-
cording to ore weight at the time 1t
lea YES the mines.
Another question involved Is whether
a system. Of mining will be permitted
which involves the removal of pillars
and other supports in the mines, while
the third important question is whether
the zinc company shall be permitted to
take ore from the Parker mine through
tunnels to it's own shafts, or whether 1t
must be brought to the surface through
the Parker shaft.
.Chauncey G.. Parker, a brother of the
congressman, former Attorney-General
Robert H. McCar.er and Charles ,.
Thompson, of Jersey City. represent
the Congressman, while Richard Y. Lin
dabrry, Frederick j. Faulks and former
Judge Gilbert Collins, Of Jersey City,
are looking after the interests of the
company.
1t will be set UP by the defendant,
which has held the lease since 1887, that
Mr.. Parker has waived the rights as to
weights, mine boundaries and other I'M
portant provisions. but the congress-
mar denies this.
Has Ikfrty-three Year Lease.
In opening his case to the court
Chauncey G. Parker recited the grew
ances with the usual legal verbosity
of chancery court proceedings, cover
ing the terms of the lease, the removal
of the pillars. the question of weights
and other points in the controversy.
adding:
'"The New Jersey Zinc Company ur-
poses to abandon the Parker shaft and
we insist thai would be a hardship to
the complainant and contrary to the
contract"
Mr.. Parker also said hat his brother
was bound under q thirty-three-year
contract and was entitled to have the
mine going until the close Of the lease.
we say, ne shfus Sid thS eohi'o
out of the ore through their own shaft
is a direct violation of the contract. We
are entitled TO an accounting for ore
taken out of the Parker premises. Their
books have been kept in a very gen
eral way"
1t took Chauncey q. Parker more
than an hour to read the bill that tells
the story of the litigation, In the course
OF which he said that because OF the
system of weights and the measure
iments used by the company and the
way in which the accounts were kept
the company owes his brother many
thousands of dollars" The actual
amount will be figured out in the course
OF the proceedings. Out of the total
royalty Congressman Parker has to pay
a share to the Rutherford estate, from
which he acquired the land and the ore
under mining rights which he leased
before ~sub-leasing to the zinc company.
Many exhibits, showing the method OF
Weighing ores and the practical work
ing Of the mine. viii be put In evidences
besides the books OF the concern.