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.
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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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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