Things quieted down for a few days, as few people protested paying for the seats. That all changed on Wednesday 26, 1901, when the city’s outside temperature rose above 90 degrees. By Saturday the temperature had risen to 94 degrees and nineteen people had perished in New York City due to the insufferable heat conditions. The temperature reached 97 degrees on Sunday, making it the hottest day on record with the Weather Bureau since June of 1871. On Sunday, fifteen more people died, and on Tuesday, with the temperature rising to 99 degrees, two hundred deaths were reported. There were 317 heat-related deaths on Wednesday, which made, in the time period from June 28th to July 4th, a total of 382 heat-related deaths in Manhattan alone, along with 521 hospitalizations for heat prostration. Altogether, in a seven-day period in the metropolitan district of New York City, which included Brooklyn, the Bronx, Queens, and Richmond County, there were 797 deaths and 891 heat prostrations. Things were so bad, that on July 2nd, the city’s hospital ambulance drivers worked 24 hours straight with no relief.
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.
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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.”