In an act of desperation, Spate ordered his men not to place his chairs on the ground, but to pile them in heaps in Madison Square Park and Central Park, and rent them only if they were paid for in advance. However, as soon as someone rented one of Spate’s chairs, members of the crowd grabbed the chair and broken it into little pieces. Soon the crowd, tired of Spate and his chairs, began bombarding Spate’s men with rocks and stones, as Spate’s men hid behind and under the chairs piled up in heaps. Spate himself entered both parks to try to enforce his contract, but was forced to flee both times, as he was chased with rocks and stones flying past his head.
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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This new phenomenon was covered extensively and very contentiously, in the following day’s daily New York City newspapers. And the man on the hot seat was the president of the Park Commission – one George C. Clausen. It seemed that a few days earlier, Clausen had been visited in his official Park Commission office by a man named Oscar F. Spate. Spate seemed amiable enough, and he offered Clausen a proposition Clausen saw no difficulty in accepting. It seemed that Spate said he wanted to place comfortable rocking chairs in the parks throughout New York City. And for the privilege of doing so, Spate offered the city the tidy sum of $500 a year.