”They do this in London and Paris,” Spate told Clausen. ”And it would undoubtedly be good for New York City.” Clausen saw no problem with Spate’s line of thinking, so he readily agreed; albeit without first consulting with the other member of the Park Commission. As a result, Clausen graced Spate with a five-year contract, allowing Spate to place his rocking chairs in all the New York City parks. With the ink still not dry on his contract, Spate immediately ordered 6,000 chairs, costing about $1.50 each. If Spate’s projections were correct, these chairs would earn him an estimated $250-$300 a day.
By this time, the president of the Park Commission George C. Clausen was figuratively tearing the hair from his own head. Having first said he could do nothing about the situation without the permission of the rest of the Park Commission, Clausen then reversed himself and said since he was the one who had confirmed Spate’s contract, he could also revoke Spate’s contract with New York City. Spate quickly answered by by getting a court injunction ”restraining Mr. Clausen and the Park Commission from interfering with his valid contract with the City of New York.”
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The New York City press knew a story when it hit them in the face, so they managed to track down Spate in his offices in the St. James Building, on Broadway and 26th Street, near Madison Square Park. When questioned by the reporters, Spate became indignant. ”I’ll put in as many chairs as they will allow,” Spate told the reporters. ”The attendants who collect the charges are in my pay. They will wear gray uniforms, and each will look after about fifty chairs, from 10 a.m. to 10 p. m. A five-cent ticket entitles the holder to sit in either a five-cent, or a three-cent chair in any park at any time during that day. But the holder of a three-cent chair can only sit in a three-cent chair.”
Park Commissioner Clausen tried to defend his actions by telling the press that there were always plenty of free benches for people to sit on, except, of course, on Saturdays, Sundays and holidays. The New York Tribune pointed out that those were the days with the biggest demand for seats in the parks. As this issue became monumental, Spate became more resolute. He ordered more chairs be placed in Central Park, and also in Madison Square Park, which was across the street from his office. Some people paid to sit, and those that didn’t, were unceremoniously thrown out of the chairs by Spate’s thugs in gray suits.