New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-07-11
SPATE GETS INJUNCTION.
PARK BOARD TEMPORARILY ENJOINED
FROM BREAKING CONTRACT.

! JUSTICE MADAM GRANTS THE wRIT-PAY
! CHAIR CONTRACTOR SAYS CLAUsEN
/ IS WITH HIM IN HEART
Oscar F. Spate, whose pay chairs in Madison
| Square and other parks of the city have led TO
| riots and free fights for nearly week, bade de-
! fance to the Park Board last night by obtain
| Ing an injunction preventing the board from
revoking his contract. Mr.. Spates action is
| the direct result of Commissioner Clausens
| statement, printed in The Tribune yesterday
morning. in which Mr.. Clausen promised to
woke the contract IN order to preserve the public
| peace.
| At his office on the top floor Of the ST. James
| building Mr.. Spate gave out long statement
| last night in which he explained how he had
obtained the contract from Commissioner Clau-
| sen and declared that pay chairs were OF in
| estimabe value TO the poor working classes
The injunction obtained from Justice Nc
| Adam. of the Supreme Court at 7:3O p. m at
| his home No 354 West Thirty-thrd-st.
The injunction is temporary, restraining the
/ Park Commissioners from resembling the con-
tract with Mr.. Spate BY this contract Spate
is permitted to place chairs IN all the parks OF
the city and to exact fee of > cents for seat
The of $500 annually is to be paid to the
city for the privilege. With the writ is the usual
order to show cause why it should not be made
permanent.
THE WRIT TO BE SERVED TO-DAY.
The writ will be served this morning at IL
| o'clock Mr. Clausen at the meeting of the
| Park Board at the old Arsenal in Central Park
While bidding defiance to Mr.. Clausen by re-
| fusing 10 get out of the parks or to submit 10
the resembling of his contract, Mr. Spate said
last night that Mr.. Clausen wanted the chairs
+, kept in the parks much as he (Spate) did. He
| said that Mr.. Clausen had promised TO revoke
| the permit only to prevent the public peace from
| being disturbed by riots and other lawless DEM
| onstrations Continuing he said:
This is not a fight between me and Mr. Clausen
be continued. but fight between the law abiding.
eGa SSmq MT cla"sen PsSP and 6oh Believe s, the
| great majority of people want these chairs. and
/ am going TO see that they have them.
"WilI you go right ahead renting your chairs?"
was asked
| Certainly the answer. Il rented them
! to-day and 1 shall keep renting them until
the decides that cannot"
But the chairs all piled up in heaps
! to-day"
That's a new scheme of mine." was the an
swer. That's what l ought to have done in the
! beginning. and l would have prevented all this
trouble. Now intend to rent chairs only as
/ people pay for them in advance"
! Mr.. Spate then read the following formal
/ statement which he had prepared:
| sPATEs FORMAL STATEMENT.
| The recent statements in the papers bearing on
the question Of pay chairs in the public parks have ave
facts should be set forth in the light that 1 view
hd Sa !, - y esrnss 6es4s to have pubIished true
end correct version. thar they may be set rig
involved n granting the contract and II was gveE
solely it's merits, the same as any sooa business
President ciausen realizing the benefits that have
plans had lons had in mind the intreduc10n 90 @ OF
| larger hunters OF all classes of the community
| appreca,ing TIE numberless advantages to accrue
/ latlon. When my project was unfolded to him, and
G hosoai ERA 4t allowing y seat a asS IN a
months OF mature thought and deloeration to per-
It is obvious however' that on account of the re-
cent turmoil the public have kept "a away from IN i the
order or II they availed themselves of the new
privilege they the risk OF being subjected TO
! running torrent Of protane abuse and impudent
language from the crowds of idlers that have been
! a number OF our citizens are out of town.
The permanent residents and those who are unable
! time the plan Would have been popular with all
; very the patrons OF the free seats would
! have recognized the fact that the furnishing of
and really afforded them additional seats. while in
no way eneroaGhing m on their former rights ,sor
made. and the real issue befogged by arguments
| prejudice and adverse sentiment has been stimu-
lated by their being coupled with unfounded claims
! for pay chairs. This desire TO most emphatically
! deny. and viii prove IL to be absolutely untrue.
! President Clausens course has been that or a
progressive and conscientious official. and is heart
lily approved by the majority of prominent peo-
pie, but. like many Innovations its merits Will be
| best judged after the clamor OF the moment has
second thought. 1t VIII be recognized that this
action was wise and marked distinct step in ad-
vance In municipal park management
| HE GIVES SOME "REASONS"
| Some of the reasons why the placing OF chairs.
! no matter from what standpoint viewed. will he
| benches for the OF those who do not care for
chairs If you were going to take away the
| hending objections; but you are not taking any
| thing from the public: you are not even making
| changes you simply giving 70 those who de-
! sire additional comfort. and providing an accommo-
! dation which. with the growth of population has
| become long felt necessity. for this reason
| To the working man and woman, confined within
| doors during the long hours OF the hot summer
| day, you making II possible to have luxury
which will enable them TO sit together undisturbed
afford TO pay the small fee additional seating room
| is thus provided without expense 10 the city:
| selves of the opportunities for enjoyment and
| benefit afforded by the park. for the reason that
| places they required The city authorities cannot
anticipate the needs of the people In this respect.
and still less they supply the numerous at
tendants necessary TO make the use of chairs de-
| Portable chairs are provided for them. with at
comfort they will derive the benefit to be enjoyed
| from fresh air and scenery under circumstances
| which will be for them luxury the same Il
carriage is to the rich. and all this for moderate
| charge within the means OF all
| To this class OF people you would be manifesting
| The rich man has his carriage The idler mOnOpo-
Lies all the choice benches and locations. The poor