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.
Later that day, with the heat still beating down on the park-goers, another one of Spate’s men evicted a boy who was sitting in one of Spate’s chairs in Madison Square Park and had refused to pay the necessary five cents. An angry crowd attacked Spate’s man, and when a policeman tried to intervene, he was dumped into the park’s fountain. Spate’s man fled the park in fear, and after he did, delighted people began taking turns sitting in Spate’s chairs (without paying of course). When nightfall arrived, several people carried Spate’s chairs home with them as trophies to grace their own living rooms. The following day, Sunday, July 7th, the uneasiness moved to Central Park, where a huge crowd gathered in defiance of Spate and his green rocking chairs. While two of Spate’s men guarded Spate’s precious chairs, the crowd marched perilously close to the chairs chanting to the tune of ”Sweet Annie Moore”:
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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By this time, the president of the Park Commission George C. Clausen was figuratively tearing the hair from his own head. Having first said he could do nothing about the situation without the permission of the rest of the Park Commission, Clausen then reversed himself and said since he was the one who had confirmed Spate’s contract, he could also revoke Spate’s contract with New York City. Spate quickly answered by by getting a court injunction ”restraining Mr. Clausen and the Park Commission from interfering with his valid contract with the City of New York.”