As the crowd converged on the chairs, people who had already paid for the right to sit, abandoned the chairs and fled from the park. One of Spate’s man quit his job on the spot, and he also fled the park. However, another one of Spate’s men continued to try to collect the chair fees. But he quit his job too after an angry old lady jabbed him in the back of the neck with a hairpin. On Monday July 8th, Madison Square Park was the site of almost constant rioting. A dozen or so boys went from chair to chair, sitting for as long as they pleased, accompanied by an unruly crowd threatening to hang any of Spate’s men who tried to collect any fees. A brave and foolhardy Spate employee named Otto Berman slapped one boy in the face. The crowd surrounded Berman and his life was saved by six policemen, who bum-rushed Berman out of the park and into safety. Things had gotten so-out-of-control in Madison Square Park, police reenforcement were called in from the nearby West Thirtieth Street police station.
On Tuesday, July 9th, the riots continued in both Madison Square Park and Central Park. However, the New York City police took a different tactic, when they were ordered by Police Commissioner Michael Murphy not to aid any of Spate’s men trying to collect fees, and not to arrest any of the rioters, unless court magistrates issued arrest warrants for the individual rioters. At this point, several of the magistrates told the press they would not issue any warrants, which gave the rioters the (wink-wink) go-ahead to do as they pleased with Spate’s chairs.
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.”
In the late afternoon, two men occupied two of Spate’s chairs and offered a thousand dollars to any of Spate’s men who could evict them from the chairs. Two of Spate’s men jumped in and tried to collect the reward, but they were promptly beaten to a pulp by the two men, who turned out to featherweight champion of the world Terry McGovern, and former fighter and then-boxing ring announcer Joe Humphreys. The police stormed the park and arrested six rioters, whom they led in cuffs to the Thirtieth Street police station. The policemen and the arrestees were followed by a crowd estimated at 200 people, who were marching in lock step and chanting:
”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.