Finally, on July 11, a hero named Max Radt, the vice-president of the Jefferson State Bank, went into state Supreme Court and got an injunction forbidding Spate and the Park Commission from charging people to sit in Spate’s green rocking chairs. Spate, realizing he was a beaten man, promptly put all his chairs in storage. A few days later, Spate announced to the press he was ”abandoning his project.”
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.”
On Saturday July 6th, the situation reached a boiling point. A man sat in one of Spate’s chairs in Madison Square Park, and he absolutely refused to pay the five cents that Spate’s man Thomas Tulley demanded. Finally, Tully pulled the chair from out under the man and bedlam ensued. An angry crowd surrounded Tully and began shouting, ”Lynch him! He’s Spate’s man!” Tulley fought his way through the crowd and sped across the street to the Fifth Avenue Hotel, where he rushed upstairs and locked himself in a room. The crowd gathered in the hotel lobby for about 30 minutes, when policemen arrived and escorted Tully from the hotel to wherever he called home.
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An associate of Spate, who asked a newspaper reporter for anonymity, said that Spate had already invested $30,000 in his new venture. The reporter did the math and he came up with the rocking chairs only costing Spate around $9,500. Pray tell, where did the other $20,500 go? Spate’s spokesman said nothing to enlighten the reporter. ”Well, there’s always expenses in things like this, you know,” he told the scribe.
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