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.
Finally, on July 11, a hero named Max Radt, the vice-president of the Jefferson State Bank, went into state Supreme Court and got an injunction forbidding Spate and the Park Commission from charging people to sit in Spate’s green rocking chairs. Spate, realizing he was a beaten man, promptly put all his chairs in storage. A few days later, Spate announced to the press he was ”abandoning his project.”
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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.”
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:
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.”