Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-05-01
FIVE DAYS Of
ARGUMENTS On
ZINC INJUNCTION
Famous Suit Brought by Con-
gresham Parker, Resumed
in ChanceIlOr's Court.
TESTIMONY in CASE
FILLED 1867 PAGES
Plaintiff Asks That New Jersey
Zinc Co. Be Restrained
from Taking Ore.

For five days, beginning with today,
Vice-Chancellor Howell will hear argu-
ment In the injunction proceedings and
for an accounting brought by former
Congressman Richard Wayne Parker
against the New Jersey Zinc Company,
In which the %litigants are at odds over
their respective interests in mining
rights in Sussex county. When the
trial was on several months ago it
took twenty-nine days to hear the tes-
timony, which was largely of a tech
nical character, and some of the most
eminent members of the bar of the State
were "in it," S~tenographer Jesse r.
Salmon took enough notes to fill 2,212
pages of testimony, and this with the
words about the exhibits, which were
numerous and covered many expensive
models, brought up the whole number
of pages to 1851.
Three Important Points Raised.
Three points were raised and argu-
ment on them begun by Chauncey G..
Parker, a brother of the congressman,
who, together with former Attorney
General Robert H. McCarter and
Charles d. Thompson, of Jersey City,
represents the complainant.
The first point involved is that roy
atty n tonnage are payable to Mr..
Parker On ore, not merely upon con-
centrates, especially when the concen-
trates can be only estimated and have
not been weighed separately.
AS to the second point, ii is held that
there should be an account of the
weight of the ore taken generally as
well as the value of that taken "se-
cretly and fraudulently,'' as the papers
put 1t, from the pillars reserved for
UT. Parker's mine. In his connection,
too, the court is asked to appoint q
manager to supervise the operations.
The third and last point asks for a
decree for an injunction against any
removal of complainant's ore through
any other mine, and for the mainte-
nance of his mine/ according to the
contract, as an independent mine ca
pable Of producing in case of surrender
or expiration of the lease.
Failed to Account for Ores.
Among the points within this last
point raised ii Is argued that the de-
PENDANT company failed to weigh and
account for the ores separately from
1894-1899; that detailed weights were
not given as demanded, but "were Jug
gled by s~ubtracting loss in concentra-
ton from the Parker ore and adding
that to the Lehigh ore. and hat the
weights were only taken out at even
thousands.
Then, too, it is argued in behalf of
the former congressman that in 1908
over 200 tons of ore were mined with
out weighing, and "fraudulently and
secretly to quote the papers in the
case, carried into the next years ac-
counting. Estimates of the company's
engineers on another occasion, 1t is
held, showed 1875, 900 tons taken from the
mine, while Mr.. Parkers engineers re"
ported nearly 214.000, and 1t is also held
that on the statement rendered there is
due more thar $50, 900 for royalty and
tonnage including what Is due with
interest for tho 1903 account carried
over into 1904.
Those fighting for the zinc company
are Richard v. Lindabury, Frederick
j. Faulks and former Justice Gilbert
Collins, of Jersey City.