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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.
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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.”
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.
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.