New Braunfels Herald Zeitung (Newspaper) - February 23, 1995, New Braunfels, Texas
THURSDAYUnicorns Invitational Relays get underway tomorrow, See P.7
New Braunfels Sesquicentennial March 21,1845
6 J. 0/22/99
*627 E: YANDELL DE ti- PASO, TX 79903-
12 pages in one section ■ Thursday, Feb. 23,1995
Serving Comal County for more than 143 years ■ Home of CAITLYN CRUMRINE
■ Vol. 143, No. 74
Birthday wishes from the Herald-Zeitung!
The New Braunfels Herald-Zeitung extends the following birthday wishes to; Caitlyn Crumrine, John Brotze,
Jared Molina (1 year!), Melinda Smith, Carrie Barber, Thomas Reyes, James Hark-ness, Terry Hightower,
Jamie Melindez, David Johannsen.
Happy Anniversary to Leroy & Hannelore Brotze (32 years!).
Lake Dunlap yard sale scheduled for Saturday, Fob. 25
The Lake Dunlap Property Owners' Association will hold a yard sale on Saturday, Feb. 25 from 8:30 a.m. to 4 p m. at the Southbank Club House.
Funds raised from the sale will used to treat the hydnlla in the ake in the spring.
Users of the lake and property owners are asked to contribute items for the sale.
Items can be dropped off at the Southbank Club House on Thursday, Feb. 23 from 4 p m. to 8 p m. and on Friday, Feb. 24 from 9 a m. to 4 p.m.
Anyone having large items to donate can call Jack Burkert at 829-3237 to arrange for a pickup.
The Southbank Club House is located off FM 725 in the Southbank subdivision on Southbank Boulevard.
Historical Masquerade Dance set for Feb. 24
The German- American Society will sponsor a dance at the Knights of Columbus Hall on Feb. 24 starting at 8 p.m.
The Seven Dutchmen will play and Pnnce Solms, knights, princesses, the court jester and settlers dressed in beautiful regional costumes from the Old World invite everyone to come join the festivities.
Tickets are $6 and can be bought at Centex Office Center, chamber of commerce, benne Hardware, Old Town Inn and Lcpp Juwclier.
Tickets at the door will be $7.50.
Business Aft sr Hours schsdulsd
The monthly Greater New Braunfels Chamber of Commerce' "Business After Hours" membership mixer will be held at Kraft Mobiletel, 679 S. Seguin St. on Thursday, Feb. 23 from 5 p.m. to 7 p.m.
The mixer is an opportunity for chamber members to make new contacts and exchange ideas with other members of the business community.
The winning numbers
$4 milton jackpot
Thu newspaper is printed on recycled newsprint
Pedestrian struck by vehicle on 1-35
Herald-Zeitung photo by MICHAEL DARNALL Erie Kesel, 18, of New Braunfels, was in surgery at McKenna Memorial Hospital at press time after he was struck by a car while crossing IH-35 last night, said New Braunfels Police Lieutenant John Wommack.
At 8:20 p.m. Elizabeth Hawkins was driving on the northbound lane in the 200 block of IH-35 near the Cancun restaurant. Kesei, In route from his residence to the Ram Store, walked across the interstate. As he stepped from the median Hawkins was unable to stop and her car struck him.
No charges will be filed against Hawkins, said Wommack.
Sweepstakes ‘winners’ can end up with big bills
By CRAIG HAMMETT
With the large elderly population in New Braunfels and Comal County, opportunities are plentiful for those citizens to be taken advantage of, especially over the telephone.
And with the numerous sweepstakes entries available, it is easy for people to mistakenly think they have won a large amount of cash.
Several people recently have received letters from companies on official-looking documents telling people they have won a prize and all they have to do is call a 1-900 number or mail in their claim.
County Treasurer Bart Bartholomew received one as did relatives of several employees at the courthouse. There are no doubt numerous others in the area who received similar letters.
“I learned my lesson,” said Melba Wcyel, a New Braunfels resident who called the number and found herself with no pnze and a $20 phone bill for that one call. “You don’t realize you’re taking that long.”
‘The big print giveth and the little print taketh away.’
— Bart Bartholomew
Mrs. Wcyel said she did not even talk to a human being, rather a recording. The documents often look like those from a law office, and many claim they are “Sweepstakes Administrators.”
The 1-900 numbers have become famous, or infamous, for the so-called “sex lines.” Many parents have been shocked to find large charges from such lines on their phone hills.
Now. the 1-900 numbers are being used in other ways These I -900 numbers are often printed in large type while the actual cost is somewhat smaller Phone companies and the people who set up 1-900 numbers split the revenue.
“The big pant giveth, and the little print taketh away,” said Bartholomew Another courthouse employee said
her mother-in-law rang up a $55 bill very quickly, and again, won nothing.
While these firms may not be violating any laws, and in fact, souk may very well be legitamate, they often target those in the elderly population The state’s Attorney General's Office does have an office in San Antonio tint deals with consumer complaints. Several calls to that office, however, were unsuccessful.
District Attorney Bill Reinter said, unfortunately, local officials can do little about individual consumer complaints. He said the state will look at cases if there is a sufficient number of people or dollar amount involved.
“They will put a cap on it below a certain level," he said
lf there are numerous complaints involving a certain company, however, he said higher agencies may look at it. lf it involves communication between states, such as out-of-state letters or calls, the FBI can become involved Periiaps tile hest method, however, is to simply become more aware, and read the fine print.
Herald-Zeitung wins education coverage award
By CRAIG HAMMETT
The New Braunfels Herald-Zeitung was selected to receive the first Media Award from the Texas School Public Relations Association for outstandig efforts in public education.
The paper shared the honor with the Copperas Cove Leader Press.
“We’re grateful to NB1SD and CISD and to Leslie Knewaldt and Don Clark for their submission of our stones and features. We strive to keep our community informed of what is going on in local education and in our classrooms," said David Softens, publisher of the Herald-Zeitung.
"We have two fine school districts with many exciting things being done. Our mission is to show these things to the public and keep them involved,” Sul-lens said.
Among weekly items published in the Herald include the Education Page, shown each Wednesday and Sunday, and “Class of the Week," a photo page highlighting classes throughout the two districts which runs once each week.
Hetaid Zeilung plioto by MICi ««•» ^ARNALL
The Ice Man cometh
Former Sen Antonio Spur eter George Gervin talka to two classes at Memorial Elementary School about bleck heritage and the importance of education Wednesday
Kahlig has his
day in court
By SUSAN FLYNT ENGLAND
Gary Kahlig, former Dist. 4 city council candidate, presented his own case before District Judge Joe Dibrell yesterday in the trial to settle Kahlig’s lawsuit against Mayor Paul E. Fraser Jr.
Ken Alexander and Elizabeth Henry, Kahlig’s attorneys, withdrew as the case went to tnal. Kahlig said his opinion differed from theirs on how to settle portions of the case.
Fraser was represented by Attorneys Ed Nolan and Atanacio Campos.
‘Because I like their onion rings, fella.’
— City Secretary Veronica Sarkcsi on why she was 'lurking' at Molly Joe's af!er the election
Kahlig filed the lawsuit against Fraser June IO. 1994. He alleged in the suit that election irregularities had made the May 7 city council election invalid.
Dibrell said yesterday he could make summary judgment on one point in the case - that the vote of Juan R. Rodriguez was illegal because he voted in the wrong district. Fraser and Kahlig came before tho judge in district court Jan. 25 requesting a summary judgment on the suit Dibrell made no ruling at that time.
City Secretary Veronica Sarkosi testified that the total amount of irregu-lanties in the election amounted to die one vote of Juan Rodriguez. “The one vote thai was cast in error could not have affected the outcome," she said.
Sarkozi s opinion was allowed as testimony after she was accepted as an expert w ltness on municipal election procedures.
Kahlig's suit alleged that Sarkozi had been seen "lurking" in the parking lot of the restaurant w here Kahlig supporters gathered after the election, Molly Joe’s.
Kahlig asked Sarkozi why she happened to choose that restaurant out of the many in New Braunfels. "Because I like their onion rings, fella," she said.
kahlig called Clarence John Kahlig, Elvira Kahlig. and Brenda M. Kahlig, his father, mother and sister, as witnesses. They aft campaigned for Kahlig at the Frazier Elementary polling place on May 7. Each testified they were kept farther away from the entrance to the polls than the prescribed IOO feet - too far to effectively campaign kahhg called Stanford Thoms, judge of the Frazier polling site. Thomas was absent due to illness, but Kahlig read from a deposition taken from Thoms Thoms had said that the IOO foot distance wasn't measured precisely, hut was stepped off roughly. The IOO foot distance came out in the middle of a driveway. "I brought it a little hit further and that shouldn’t have made any difference at all,” said Thoms’ deposition.
I horns said in the deposition that Kahlig's supporters tried to come w ithin the markers they should have stayed behind “They kept coming in and I kepi chasing them back," he said Kahlig's sister Brenda M. Kahlig testified that she had followed Thoms in her car when he drove the ballots and ballot booths to the courthouse after the polls had closed. She testified tliat Thoms Iud stopped the car on the w ay and was "doing something in the hack seat Ms. Kahlig Ux>k a photograph at the time which was entered into evidence. Thoms stated in his deposition that he stopped because his wife thought she had left her coat "I lifted up the voting boxes to look for the coat,” he said, “and it was in there and that’s aft."
Kahlig called to the stand Daniel Benitez, son of Cny Council member Ambrosio Benitez Daniel Benitez was a Bluebonnet Motors employee at clee-
Rule 13 could cost Kahlig cash
If District Judge Joe Dibrell odes against Gary Kahlig in his suit against Mayor Paul E. Fraser Jr., and he considers the Kahlig lawsuit to be frivolous, it could cost Kahlig, said Fraser’s attorney Ed Nolan yesterday.
Kahlig and/or his attorneys could be liable to reimburse some costs of the trial. "Before a attorney signs any motion that goes to court, he must conduct reasonable investigations into the merits of the case,” said City Attorney Jacqueline Cullom.
If a judge feels that a suit is “groundless," he could call Rule 13 of the Texas Rules of Civil Procedure into effect. The rule states that “the court, upon motion or upon its own initiative, after notice and heanng, shaft inpose an appropriate sanction...upon the person who signed it (the groundless motion), a represented party, or both.”
"It’s been an expensive proposition," Nolan said.
Nolan took Fraser’s case after Fraser had spent $5,000 of his own money and was at the point of giving up his defense. "I took the case at no cost to him," he said. Nolan estimates that his firm has pegs $ 10,000 on the case already.
“My contention is that Kahlig’s intent all along was not to prove the case but to pend Fraser into submission," said Nolan.
Kahlig feels Nolan is premature in considering that his case may have been groundless. "I think he needs to win before he pursues that," said Kahlig.
lion time, and Kahlig was the General Manager of Bluebonnet. Benitez was campaigning for Kahlig.
Kahlig asked Benitez how he went door to door encouraging elderly voters to vote by mail. Benitez said he helped them to fill out affidavits regarding whether or not they received ballots He said he explain^ the mail ballot process to the residents.
Nolan showed that Benitez had filled out the affidavits incorrectly, and that Benitez, a notary public, did not request proof of idennfication when he should have.
Benitez received an affidavit from a Ramirez Morales, who was physically disabled. “I never did see him," said Benitez. "You took an affidavit from someone you’ve never even seen?" said Nolan “Yes." said Benitez.
Ambrosio Benitez preferred not to comment on his son’s testimony. He denied, however, that Kahlig coerced his cooperation in any of Kahlig’s political involvements.
kahlig called Dist 4 retiree Lillian Heard to the stand. She voted early but also signed a mail ballot affidavit brought by Kahlig's campaign director. Virginia Gonzales and Daniel Benitez.
Heard was responding to Kahlig’s question whether she signed the affidavit. “I signed it to get nd of her (Gonzales)," said Heard. “I didn’t know what it said, and at the time I really didn’t care "
Kahlig rested his case after reading from Thoms’ deposition
After the day’s proceedings Kahlig said that he would not pursue any further action if he lost tin: suit. “I’m very level headed but very dogged and stubborn when I think I’m right," he said.
"It's been our contention all the way along that this was a malicious case," said Nolan He did not, however, find any evidence of fraud in Kahlig’s case.
Kahhg was asked if he would think justice was served if he should lose the case. "Yes," he said.
The defense presents its case today.Call 625-9144 for subscription, news or advertising information