The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-09-19
"DEOLIEE AND FALL" OF THE
"EARIETIEE.D
Babylon is FalIen-And Montpelier has
BkedaddIed to Few KOrk-summaFy
Disposition of b Case-Order and
Deceney Triumphant.

The District Court met ct two o'clock yes
terday afternoon, Judges Burke, Fitch and
Foote on the bench.
The case Of Montpelier vs. Chaplin was
taken up, and disposed Of To give an in
tslligible idea of this case, we propose to
state the main points thereof, beginning ct
the beginning.
We need not premise by stating what our
readers in this city and neighborhood
know, that the place of amusement known
as the "Varietiss," kept by Mr.. Montpelier,
was q theatre and sink Of corruption.
The attention of Mayor Chaplin wat
called to this institution, by the reports Of
parties whom he deemed reliable, soon after
he assumed the. duties of his Office. Com
plants were made against the character OF
the exhibitions given at the Varieties, and
he proceeded to investigate the matter, and
soon became satisfied that. it was q nui-
sance, and resolved to abate it. According
ly on the 18th Of July, on application OF
MI. Montpelier for 9 license for the ensuing
month, the Mayor refused to issue it. The
tender having been declined, MI. Mont
Pelier demanded 9 license, but was still re-
fused. He applied to Judge Bolton, as
Judge of the District Court, for a writ oil
mapdamus, ordering the Mayor to issue the
license required. The Judge complied and
issued the writ. The Jurisdiction of Judge
Bolton, as Judge of the District Court al
chambers, was objected to on the hearing
of the motion, the objection was overruled,
and an alternative writ of mandamus al
lowed by him and made returnable on the
9TH of September, that being the first day
of the fall term OF court. The defendants
filed q motion to qussh that writ, on the
ground that the Judge had no Jurisdiction
over the matter in vacation. That motion
was on the 18th inst. submitted to the
Court, and by it sustained, and the writ Of
mandamus quashed.
On the same day, the complainant fled
another motion, in the District Court, for 9
~peremptory writ, and it was this motion
which csms up yesterday afternoon before
the Judges named above. 1t was argued
deliberately and at length by j.. E. Ingsr-
soil, Esq, for applicant. On the conclusion
of his argument the court, cool and stsid
as an iceberg, declined hearing any argu.
ment on behalf Of defendant, and proceed
ed to render decision in the case, holding
that the Mayor was under obligation tC
issue licenses in such cases at his own dis.
erection that of necessity the discretion
was lodged somewhere, and that in thiI
case it was with the Mayor. Whereupor
they refused to issue the writ, and Mr
Montpelier's Varieties gave a gasp,
SILVER, q death rattle in its throat, and
that was the last sigh of the Moor. NJ
more will the half-naked girls leap AND
vault on that stage. Henceforth they and
Nj. Montpelier must waste their sweetness
on the desert air. Mr.. M, however, de-
clares that he 1Oon't thus waste himself, anG
report saith that he has gone to New York
where he has already opened another
show.
The lawyers in this case were Messrs
Kelley and Griswold, and J. E. and G.. L
Ingersoll, for complainant, and City AttOr
ney R. B. Dennis and s. Williamson, Esq.
for defendant.
1t is hardly necessary to prolong this Obit
uary. Our readers will perceive how keer
is the weapon with which the Judges o
the District Court dispatched SO summarize
Judge Bolton for wandering far out of hi
way and jurisdiction in issuing q writ o
mAndsmus in vacation for Mr.. Montpelier
Nor need we dwell upon the important
triumph of good order and decency, which
is implied in the issue of the trial of thiI
~-~~- All O~I EOoPOOSeElO OiSiHOHS Uiii wv
gratulate and thank Mayor Chaplin fol
taking the position he took in the outset
and for standing firmly thereon. Ind they
will also thank his counsel for their efforts
in behalf of the public morals, and the
Judges for the honorable decision which
they gave with emphasis and without hest
tetion.