Semi-weekly herald., 1912-12-30
GEORGE SMACK TO sue
CEED PASSENGER, RESIGNED

CEED FASSBINDER, RESIGNED
The city council met in regular adj
journed session Tuesday evening to
consider the resignation of Marshal
Fassbinder which is to take effect
Jan. 7, one week before he enters
upon his new duties as sheriff of
La Plata county.
In rendering his resignation Mr.
Fassbinder thanked the mayor and
aldermen for their courteous treat
ment and hearty cooperation and
also expressed his appreciation of the
splendid service the police department
received in conducting the affairs of
the office through Policemen Garba-
natl and Smack.
After the acceptance of the afore-
said resignation, Alderman Owen in
troduced the following resolution and
moved its adoption, to-wit:
BE it resolved, By the city council
of the city of Durango, that:
Whereas, Arthur C. Fassbinder
chief of police of the city of Durango
has presented his resignation as such
police officer and the same has been
accepted; and,
Whereas, Arthur C. Fassbinder
has lately been elected sheriff of La
Plata county,
Now, therefore, be it resolved
That the city council, recognizing in
Arthur c.. Fassbinder an efficient
courteous and faithful officer in the
discharge of his duties, has accepted
with reluctance his resignation and
commends him heartily to the people
of La Plata county in the capacity
in which he has recently been elected ~
The motion of Alderman Owen was
seconded by Alderman Logan and was
unanimously adopted.
City Clerk Wilson reported that
four applications had been filed for
the appointment, these being signed
by Joseph Theno, George Smack, Hen
ry Garbanati and P. T. McCartney
After listening to the reading of the
applications the mayor appointed AL
dermen Logan and Wertin telIers of
election and the board proceeded to
cast an informal ballot which result
ed in two votes for each candidate
Then formal ballot number one was
taken with the same result. The cour.
age of conviction which evidently
prompted each vote was greatly to
be admired but it must be admitted
at the end of the twelfth ballot when
the results had changed not at all
it became bit monotonous. At this
point Alderman Owen moved the board
take recess of five minutes and
this was carried. In the caucus that
followed each alderman spoke in elo-
quent terms of his candidate to every
other alderman who would give him a
moments attention. At the conclu-
sion of the recess the ballot cast re-
suited in Theno receiving three votes
Mccartney one and the other candi-
dates each two. Then commenced a
switching of votes and at different
times each candidate had prospects SO
favorable that their election seemed
certain. Jack Couch and Fatty
Dobbs each received two compliment
tary votes. At the end of the fifty
first ballot when the frown on the
mayors countenance became chronic
another recess was taken and again
each appointed himself committee
of one to electioneer for the man
he was certain was best fitted for the
office
When the meeting was again called
to order and the voting went merrily
onward, with the following results
The fifty-second ballot gave Smack
three votes, Garbanati two votes, The
no one vote; the fifty-third ballot
gave Smack four votes. Garbanati two
votes, Theno two votes; the fifty
fourth ballot gave Smack three votes,
Garbanati two votes, Theno four
votes; the fifty fifth ballot gave
Smack four votes, Garbanati one vote,
Theno three votes; the fifty-sixth bal
lot gave Smack four votes Garbanati
one vote and Theno three votes.
The proceeding was becoming wear
isome to the flesh and vexatious to the
spirit of all, the tellers were almost
exhausted and it was with shout
of joy the fifty-seventh ballot re-
suited as follows: Smack six and
Theno two, and the clerk announced
the election of Smack.
Arrangements were perfected
whereby the new marshal should OBJ
tain his bond through the Pingrey
agency where the present marshal
secured his.