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.
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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Suddenly, two broad-shouldered men approached the rocking-chair sitters. They wore identical gray suits and they carried black satchels with straps over their shoulders. The men in gray told the sitters that these were private chairs for rent, and that if they wanted to continue sitting they had to fork over five cents a day for the better seats, and three cents a day for seats that were not in as preferential a position in the park. Some people vacated their seats, but others paid. People who did neither were physically ejected from the seats. When they asked why, the men in gray said, ”Them’s Mr. Spate’s chairs.”
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