Spate also told the reporters he was doing the city a favor, since charging for the chairs would keep the undesirables (read – the poor) out of the parks, thereby keeping the parks sparkling clean and free of loiterers who leave a mess in their wake. The outrage from the New York City press and from philanthropists came swift. Randolph Guggenheimer, the president of the Municipal Council, said he ”saw no good reason for allowing private parties to occupy park grounds and make money through a scheme like this.” The New York City Central Federated Union sent a statement to the press denouncing both Spate and Clausen for their ”hideous actions.” The New York Tribune wrote in an editorial, ”This is only another instance of the hopeless stupidity of the present Park Commission.” The New York Journal also wrote an editorial defending the ”rights of poor people to sit in public park.” However, the New York Times saw no problem in what Spate was doing, as long as ”the prices were regulated properly.”
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With the city in a heat-related frenzy, harried people hurried to the city’s parks, which were now ordered by the Park Commission to stay open all night. When people arrived at the parks, they discovered that many of the free benches were no longer there, and the ones that were still present in the parks had been moved into the sun, making them too hot to sit on. However, Spate’s green chairs were sitting nicely in the shade, making them more attractive to the people fighting the stifling heat.
As the crowd converged on the chairs, people who had already paid for the right to sit, abandoned the chairs and fled from the park. One of Spate’s man quit his job on the spot, and he also fled the park. However, another one of Spate’s men continued to try to collect the chair fees. But he quit his job too after an angry old lady jabbed him in the back of the neck with a hairpin. On Monday July 8th, Madison Square Park was the site of almost constant rioting. A dozen or so boys went from chair to chair, sitting for as long as they pleased, accompanied by an unruly crowd threatening to hang any of Spate’s men who tried to collect any fees. A brave and foolhardy Spate employee named Otto Berman slapped one boy in the face. The crowd surrounded Berman and his life was saved by six policemen, who bum-rushed Berman out of the park and into safety. Things had gotten so-out-of-control in Madison Square Park, police reenforcement were called in from the nearby West Thirtieth Street police station.
Suddenly, two broad-shouldered men approached the rocking-chair sitters. They wore identical gray suits and they carried black satchels with straps over their shoulders. The men in gray told the sitters that these were private chairs for rent, and that if they wanted to continue sitting they had to fork over five cents a day for the better seats, and three cents a day for seats that were not in as preferential a position in the park. Some people vacated their seats, but others paid. People who did neither were physically ejected from the seats. When they asked why, the men in gray said, ”Them’s Mr. Spate’s chairs.”
”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.