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”:
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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.
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.”
”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.