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New Braunfels Herald Zeitung (Newspaper) - April 4, 2000, New Braunfels, Texas /AV 6 3 New CM I hJv FEI Sff :-U u« ') ft i I Herald-Zeitung FTT™- aais ii.'>    *'#<*;??    t    %    '•*?•'............... Vol. 149 No. 97 14 pages in 2 sections April 4, 2000 Tuesday Serving Comal County since 1852 50 cents Judge: Microsoft Corp. broke federal anti-trust laws By Eun-Kyung Kim Associated Press Writer WASHINGTON (AP) — Humbling a proud giant of the computer age, a federal judge ruled Monday that Microsoft Corp. violated US. antitrust laws by keeping “an oppressive thumb” on competitors during How the markets reacted/3A the race to link Americans to the Internet. In a sweeping verdict against the empire that Bill Gates built, U.S. District Judge Thomas Penfield Jackson said Microsoft violated the Sherman Act, the same law used to crush monopolies from Standard Oil to AT&T. He concluded that the company was guilty — as the federal government, 19 states and the District of Columbia had alleged in a case that began in May 1998 — of “unlawfully tying its Web browser” to its Windows operating system that dominates the computer market worldwide. “Microsoft placed an oppressive thumb on the scale of competitive fortune, thereby effectively guaranteeing its continued dominance,” Jackson wrote. The verdict affirms Jackson’s previous ruling in November that the software giant is a monopoly, one that illegally used its power to bully competitors and stifle innovation, hurting consumers in the process. Tile judge’s ruling can be appealed, delay- See MICROSOFT/3A City bond mailer headed your way By Peri Stone-Palmquist Staff Writer Residents shouldn’t expect to see the same descriptions of bond propositions on the May 6 ballot as appear on an informational mailer sent to 12,000 addresses on Friday by New Braunfels city staff. The mailer actually provides more information than what will appear on the ballot, detailing possible projects included in the S11 million street and drainage proposition. But the city might not spend the money on all the street and drainage projects listed. If funding runs out, a project could be cut, city manager Mike Shands said. And if projects run under budget, the city could add to the list and fund even more projects. Wording on this proposition was left general to allow city council more flexibility in case projects ran over or under budget. When specific projects are listed on a bond ballot, the city must spend the designated amount approved by voters on that specific project. The mailer also gives more detail than the ballot will for Prop. 6, explaining that the $7.25 million activity center will include a swimming pool and gymnasium. The mailer explains all seven bond propositions, which total $32.72 million. Copies of the mailer are available at New Braunfels Municipal Building, 424 S. Castell Ave., and the New Braunfels Public Library, 700 Common St. A friend in read Above: Dorothy Ebert makes a purchase from volunteer Jean Jones at the Friends of the Library Bookstore. Right: Tina Scott sits down to get a closer look at some of the fiction books. New Braunfels Public Library, 700 E. Common St., is always looking for donations of books as well as unwanted compact discs and tapes to sell in the Friends of the Library Bookstore. The store, just inside the new library, has more than 1,000 books at reduced prices. Store hours are Monday, Wednesday and Friday, 2-5 p.m.; Tuesday and Saturday,10 a.m. -1 p.m.; and Thursday, 6-8:30 p.m. K. JESSIE SLATEN/Herald-Zeitung Seguin couple recovering after train-truck wreck By Christina Minor Staff Writer SCHERTZ — A Seguin couple remained hospitalized Monday after the 18-wheel truck they were in collided with a Union Pacific train Friday afternoon in Schertz. Tommy Kirkland, 58, and his wife Cynthia Kirkland, 51, both of Seguin, are listed in stable condition at University Hospital in San Antonio. Tommy Kirkland has a broken ankle with multiple fractures on the left side of his body. Cynthia is doing fine-but is very weak, her husband said. Train engineer Michael Wright, 31, of Three Rivers, was treated for bumps and bruises and later released from Brooke Army Medical Center in San Antonio. The conductor of the train, whose name was not available by press time Monday suffered a deep and severe bruise to his leg, said Mark Davis, spokesman for Union Pacific Railroad. The conductor also was taken by Schertz Area Fire Emergency Services to BAMC. Detective Mark Schupp of the Schertz Police Department said the truck was stopped on the railroad tracks in the 9000 block of Doerr Lane. No information was available as to why the truck was stopped on the tracks, Schupp said. Tommy Kirkland was driving the truck. The truck was traveling north on Doerr Lane after dropping off a load at Intsel Southwest, a steel construction company next to the railroad. The Kirklands were headed back to Seguin when the accident occurred. The three-engine, 79-car train, which was en route from Eagle Pass to Memphis, Tenn., hit the truck, causing the engine to derail and leak diesel fuel, which caught on fire. The fuel spill was contained and clean-up efforts were expected to be completed by Monday, Davis said. Damage to the the de-railed locomotive and two other train cars was estimated at $394,000. Although the crossing has no flashing lights or crossing arms, there has not been a previous accident at the Doerr Lane crossing, officials said. Murder defendant wants trial moved Hartwig’s attorneys seek change of venue By Heather Todd Staff Writer Attorneys representing capital murder suspect Adele Hartwig want her trial moved out of Comal County. San Marcos attorney Tom Gamer and San Antonio attorney John D. Herrick filed a motion for a change of venue this past week. - Hartwig,    accused Hartwig, accused of of killing her hus- killing her husband band by setting fire to their home on May 4, is scheduled for a pre-trial hearing 9 a.m. April 13. District Judge Jack Robison with the 22nd Judicial District is scheduled to preside. A trial date has not yet been set. In the motion, ______Gamer    and    Herrick argue Hartwig cannot obtain a fair and impartial trial in Comal County because of “widespread, inflammatory, adverse and prejudicial” pre-trial publicity surrounding the case. Comal County Criminal District Attorney Dib Waldrip said he believed Hartwig could get a fair trial in Cdmal County. County funds are being used to pay for Hartwig’s two defense attorneys after Robison granted a request by Herrick to appoint a second attorney to help prepare Hartwig’s defense. Gamer was appointed July 12 to help Herrick. Herrick became Hartwig’s attorney after he was appointed to settle the will of her late husband, 72-year-old Harold Hartwig. According to a Dec. 8 capital murder indictment against Adele, Harold Hartwig allegedly died of severe body burns and/or asphyxiation because of carbon monoxide poisoning and smoke inhalation during the May 4 fire. His wife is accused of intentionally starting a fire or causing an explosion by igniting flammable substances and/or accelerants near an interior wall while Harold Hartwig was inside the home. Firefighters arrived at the scene of the May 4 fire about I a.m. Officials said Adele Hartwig was by setting fire to their home on May 4, is scheduledfor a pre-trial hearing 9 a.m. April 13. See HARTWIG/5A Inside Abby.......................... ......7 A Classifieds.................... ...4-6B Comics......................... ......8A Crossword................... ......7A Forum.......................... ......6A Local/Metro.................. ......4A Movies........................... ......7A Obituaries..................... ......3A Sports......................... ..1-2B Today........................... ......2A Television...................... .....8A wv.w.herald-zeitung. com Key Code 76 GOP Guadalupe sheriff hopefuls square off April 11 By Erin MAGRUDER Staff Writer After 16 years on the job, Republican Guadalupe County Sheriff Melvin L. Har-both is stepping down from his position. And with a week left before the April 11 run-off' election, two eager contenders are scrambling for votes in a heated race for the Republican nomination for the office. Arnold S. Zwicke and Tom Tannehill are encouraging voters to head for the polls to decide who will go up against Democratic challenger Johnny “Juan” Garcia in the November general election. The run-off' comes at the heels of a four way Republican race in which Zwicke captured 48.6 percent of the votes and Tannehill came in a close second with 42.7 percent of the votes. Both Tannehill and Zwicke said they were ready for the challenges of managing $6 million to $8 million of taxpayers’ money annually and assuming the responsibility of the county’s $14 million jail facility expansion. Tannehill said, “I think I have more and ZWICKE better qualifications for the job than my opponent. I don’t believe the job of sheriff is an entry level position The county is growing rapidly, and my opponent only has seven years, one month of experience — no experience with personnel and little or no management experience.” But Zwicke, 42, said he also had experience and knowledge in Guadalupe County that make him the most qualified candidate TANNEHILL Early Voting Early voting is under way at the Guadalupe County tax office, 1101 Elbel St. in Schertz, and at the Guadalupe County election administration office, 307 West Court in Seguin. ,    '    ..    I for the sheriff' Zwicke has 24 years of public service experience in the county in fire, emergency medical services and law enforcement and eight years of on-the-job See SHERIFF/5A ;