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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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.
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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.”