OCR Interpretation


The herald and news. [volume] (Newberry S.C.) 1903-1937, February 18, 1910, Image 2

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outside the law of South Carolina.
The Decision.
After discussing the statute under
which young -Tillman conveyed his
children to his parents, the supreme
court goes on. to say:
From these considerations, it fol
lows that, if the Act under consider
.ation be construed as an attempt to
give the father the absolute right to
<dispose of the custody of his chil
41ren by deed or will, it must be held
aneonstitutional. But, if there is a
diferent construction of the statute,
,which can ile reasonably given, not
inconsistent with the Constitution, it
is the duty of the Court to adopt it,
although it may be the less natural
eonstructiom. For it is always pro
Bumed that the Legislature -intends a
statute to have meaning and effects
eonsistent: with the Constitution. Ex
parte Graham, 13 Rich, 277; Hayes
vs Clinkscales, 9 South Carolina, 44;
Oooley Con. Lim. .223; 26 Ameer
ican a=d English Encyclopedia, .694.
We think such constraetion may be
given in this instance. While the
father- annot be empowered to eon
Vrey: away the rights of the children
or of the rights of the mother with
rospect to. their custody, there is no
AssoU why the Qeneral Assembly
'may, not provide his .deed should be
binding on him. The result of this
eonstruction of, the Act would be to
give effect against the father him%
e,lf, to any deed made by him in
accordance with the statute, so that
after he had made such a deed, he
could not, as against the grantee, de
mand back the custody which he had
voluntarily relinquished. According.
ly, the validity of the statute, to this
extent, is recognized in. ex parte
Davidg'e, 72 -South Carolina, 23; and
ex parte Reynolds, 73 South Carolina,
296.
From these considerations it foll
lows that the rights of the children
and their mother, the petitioner, are
unaffected by the deFd from B.. R.
!Tillman, Jr., to the respondents; and
hence the duty devolves on the Court
to determine whether' the custody of
the children should be awarded io
the petitioner, their mother or to
the respondents, their grandparents.
No claim is made by the father to
the custody of his children. On the
contrary, in his deed to the respond
enits, he expressly states, as one of
the reasons for making it, that he
does not wish to u;ndertake the re'
* ~ sponsibilities of rearing them. The.
issue then is between the petitioner,
* in the maternal right and the pater
nal grandfather and grandmother,
claiming under a deed from the fath
er and alleging the mother to be uni
it to be entrasted with the rearing
of the children. In the decision of
'this issue, the Court should give
great, if not conclusive, force to the
irishes of the father empressed in the
deed entrusting, the custody of .his
children to aniother fitted to rear
them, if the family relation was bro
ken not by his own fault, but ,by the
-fault of incompetence of the mother.
On the other hand, if the family re
lation was broken by the taking of
The children from the mother, and
bestowing them on the respondent4p
against her protest, when there was
not on her part gueh imhproper con
duct or incompetency as .to consti
tute* a just reason for such extreme
action, then the execution of the
deed and the taking .away of the
children could not be regarded other
than acts in themselves so violative
* of the father's obligation to both
mother an& children: as to call for
die interference of the Court in their
behalf.
The Mother's Care.
This, we think, presents the ulti
mate issue in the controversy. The
version of the petitioner has been al
r-eady set. out. The respondents in
their return make the general charges
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By the Goods
It Handles
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alil times, the freshest
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brands the m arket offers.
-Our reprtation is buit on the qual
ity of our lines, backed by personal
care in filling all orders lartre or small.
in addition courteous treatment and
the promptest delivery service in
- town, make this the most satisfactory
place to buy food supplies.
As an instance ot our policy in
searching out the best goocis we
mention
ELECTA COFFEE
a superior brand that will warm the
heart of the most discriminating
coffee drinker.
An exclusive process of preparation
brings out the true flavor of the fluest
highland grown coffee beans, and in
sures a drink of uniform excellence.
No coffee so good as Electa has
ever been offered, because nothing
to equal it is produced.
Cc:mes in scaled tins. No hands
tonch ;t util y jurs; d.
Come in;an'l get~ a pound can
.today.
E. M. LANE & CO.
that the petitioner has always beela
disrespectful towards her, husband
and implacable in her dislike to his
family, and they show that this dis
like extended to unbecoming expreas
ions of her antipathy in a letter to
her husband. They express the opin
ion that the former intemperate hab
its of the husband were due to his
unhappy marriage. In support of
their claim that the deed was justi
fled and that they should retain the
custody of the children, they intro
duce an affidavit of B. R. Tillman,
Jr., intended to show the petition-'
er's unfitness to have charge of her
children. In this affidavit B. R. Till
man, Jr., admits the faults attributed
to him by his wife, their separation,
his own contrition and their conse
.quent reconeiliatio, averring, how
ever, that he.has entirely given up
the use of intoxicants. He sys that
he was constrained to give the cus
tody of his children to his father and
mother, because of the unfitness of
his: wife to rear them, in that she
was selfish, had taught his children
to hate. his family, was arrogant to
.wards him, showing a disposition to
tonsider him and his family beneath
her and .in that she had very little
education, and "had expressed ideas
upon. the most. sacred relations of
life, which were, absolutely contrary
to the best interests of any home and
under which no child could be prop
erly raised.'" He further avers that
he sent the ehildren away with his
mother after his wife had angrily
refused permission that they should
go and remain -until she had recover
ed-her strength after the illness from
which she was suffering. His aC
count of the separation conflicts with
tha't of the petitioner in that he
avers that, after he had sent the
children away without her consent,
she left their apartments and re
fused to ommnnicate with him un
til the children should be returned.
He admits that he made the deed at
tempting to permanently deprive her
ot them against her bitter opposition.
Most of the matters alleged against
the petitioner rest on opinion. A
mother's lack of education and her
faults of disposition, even though
they be somewhat trying and unus
ual, do not warrant the father in
wresting her children from her. Lit
tle can be inferred from the antago
nism between the wife and. the rel
atives of the husband. Such antipa
thy often results from lack of con
geniality and difference in aspira
tions and ideals, when on both sides
there is real goodness and worth. The
petitioner has not shown herself to
be faultless, but it is certainly no
favor to her and no wrong to her
husband or to the -respouidents to
judge of her fitness to have the cus
tody of her children by the letters
of her -husband written a few days
before the children were carried
away. In these letters, running from:
November 2, 1909, to November '9,
1909, he expresses the deepest affec
tion for her, uttering no complaint
against her, but blaming himself for
their past differences and telling her
that his lovd for her is redeeming
him. He writes of attending to her
business'- affairs in Edgefield and
sending silver and furniture for fam
ily use in Washington, thus .indicat
ing his intention to maintain his
home with her and the children. We
are unable to, find evidence of aniy
thing done by the petitioner aftea
these letters were written, warrant
~ing a change -in her .husband's esti
mate of her. In . consonance with
these letters of - her 'husband scores
of the spetitioner's .. neighbors and
associates, whbo were qualified to
judge, submit affidavits to the effect
that she is a woman~of high charac
ter and eminently qualified in all re
spects to rear and maintain her
ehildren.
Mother Given Children.
We shall not. undertake to pass on.
the differences :between the state
ments of the husband and wife as to
the trouble which led to the separa
tion. We think there can be no
doubt that the husband brought it
on by sending the children. away,
and that there was nothing in the
conduct of the wife justifyving the
inference thta she had forfeited
her right to be with and care for
her children, or showing her to be
incompetent or unfit for maternal
duties. Her right to the prigilege of
having the children is greatly streng
thened by the fact that the children
are girls of very tender yrears. Even
in an issue between the father and
mother, the Court will usually grant
such children to the custody of the
mother undess there are 'strong rea
sons against doing so. Ex parte
Hewitt, supra. It is also an import
ant consideration that, while the re
snondents v:ou1ld no doubt care for
these children with intelligence .and
tender solicitude, 'they are somewhat
advanced in years arid probaibly will
not live to see the children reade~
maturity. Aore important still is
the consideration that the children,
in the care of their mother, may
touch and soften. the hearts of both
husband and wife, quicken in both
the sense of duty and bring about a
reconciliation and a renewal of fam
ily life. With respect to the appre
hension expressed that by divorce,
or marriage, or otherwise the wel
fare of the children may be- imper
illed in the future, it is to be obsekv
ed that the judgment now rendered
does not. prevent this or any other
Court of competent jurisdiction in
this State or elsewhere from chang
ing the custody of the children, upon
proof of such material change of
eonditions as to make sueh a step
proper.
The conclusion of this. Court is
that the ehildren, Douschka Picken;,
Tillman and Sara Starke Tillmau are
in the anlawful custody of the re
spondents, B. R. Tillman, Sr., and
his wife, Mrs. Sarah S. Tii-m4n, and F
that. the petitioner, Mrs. Lucy Dugas (
-Tillman is.entitled to *eir custody.
It is therefore ordered and ad
judged That the respondents, B. R. E
Tillman, Sr., and his wife, Mrs. S.
Si Tillman, deliverlup the children
to the petitoner, Mrs. Lucy Dugas
TiRman, and that she have and r*
taii the: custody of them during their
minority or until it be otherwise ad
judged.
TILLMAN ACCEPTS DECISION.
Praya God's Guidance for the Moth
er in Rearing Her Children.
-Washington, Feb. 15.-%enator
Tillman, upon learning to-day that
the Supreme Court of South Carolina
had decided against. him in the ha
beas corpus ease brought by Mrs. B.
R. Tilman, Jr., for the possession of
her two. children, and had awarded
them to her, said: "I pray God's
guidance to the mother in, rearing
my little granddaughters, and that
He will shield them from contamina
ting influence and examples. The
Supreme Court Justices have lifted
a great weight of responsioility off
me, and shifted it to their own shoul
ders;" he commented. "My only
mnotive in aecepting the guardian- 0
ship was the welfare of my 'little
granddaughters. I knew all of the
aets and circumstances, many of
which were not brought out at theF
iearing, and was actuated solely by -
Ssense of duty. The final result can
ilone determaing whether the Court
ias acted wisely.
'Fifteen years hence, when I am
lead and gone, -the character
tnd type of. women that my grand
laughters will have become will
how whether it was best to hiave
iven them to their mother or not.
. pray God't guidance to her in rear
ng them, and that He will shield
;hem from . contaminating imfluences
nd examples."
fle explained that the decision was
endered by the highest -court in
south Carolina, and, that he will
thide bhj that judgment. "I submit
ed to the jurisdiction of the State
Jourt so that the question. could be
lecided by our own State 'Court. It
ias decided and I shallVof course,
bide by the decision. Beyond that
tatement I do not care ,to say any
~hing more untillIsee a copy of the
Jour t's deeision.'"
JOUNCIL AGREES TO
HELP THE TEUSTEES.
(Continued from Page One.)
pc
lition that thle trustees sign a wr't- y
en agreement to hold the town free ct
rom liability in case of aniy dam- si
ge suit -instituted by any of- the ad- W4
joining property holders named. -u-]
Trustee Klettner said he had no er
bjection, but he did not think that si
he and Mr. Davis were authorized to 2
nter into such an agreement wit.h
ut the consent of the board of trus- ]
tees.
Alderm:>a Baxter said the motion A
ould be carried, and the trustees
ould then ensider whether or not
they would accept it.
On an ~aye and nay ~vote, the mao
tion nas earrned by a vote of fCoi!
N
to two, the detailed vote being given N
above. . N
N
Bdard of Trustees Meet Today.
The board of trustees of the New-.
berry graded schools held a meeting N
at 9 a. m. on Wednesday, and theN
action of the city council was brought .~
up for consideration. A resolution
was adopted postponing action until
the entire board could be present. A
special meeting was called for. Fri- a
day afternoon at 4 o'clock.
Mir. John H. Wicker, chairman of ti
the land and huilding committee of
the board, was not present on account
REPOF
The Newberry
vS
NEWBERR
At the Close of the Busin
Condensed From Report i
RESOURCES.
.oans and discounts $269,495.25
'urniture and Fixtures 2,275.00
verdrafts secured and unse
cured . 1,758.60
onds and Stocks 680.00
ash and due from Banks 59,437.65
$333,646.50
40o Paid On Sai
IMES MCINTOSH,
President.
Bargains! Bargains!!"
While They Last.
A limited number of slightly used Qj
$95 High Grade Organs for only
$58 50. These organs appear near
new and are warranted to last along
lifetime. Terms of safe given on ap
plctin Write for catalog stating
terms desired This is an oportu
nity of a life time to possessadeo
gan at about cost. Answer quick, for
such bargains don't last long
Address: Malone's Music HOUSe,
Columbia, S. C. Pianos and Organs
'lut Wood's Seeds
is one of the most useful and eom
pete' sed eatstasudlI
te bet an ost profitable seeds
to patfor
The Market Grower
The Priv&te Gardener
.The Farmer I.
Wood's Seeds are.grown and
the soils and chmnate of the South,
and every southern planter should a
on reus.Write for It.
T ..WOOD & SONS,
Sedsmen, . Richmond, Va.
Weirs heddqauarters to
Grass.and @Ulov ee. 90-d -o
Sta ges S kep O tcs .a
TaaeeSn, ie.gan iim
'Hous
nlike Bucklen's Ariiica Salve.
11instaniiy Tefleve a bad burn,
t, scald, wound or piles, staggers
optics. But graet cures prove it a
mderfUl healer of the worst sores;
ers, boils, felons, eezema', skin
iBWBERRY UNION SAIN
'rival and Departure of Passenger
Trains-Effective 12.01 A. M.
Sunday Janiuary 2, 1910.
Southern Railway.
a. 15 for Greenville.. .. 8:51 Reason
a. 18 for Columbia...10.58 a. m. We are pre
D. 11 for Greenvile.. ...2A8 p. m greatest poi
3. 1 for Columbia......8.59 p. ' people in tU
0., N. & L. Railway,
ro. 22 for Colmia.. ..s.47 a.m OUR FE
o52 for Greenville.. ..12.56 p. m.
. 53 for co.mbi.. ..3.20 p. . LARGE A]
fo. 21 for Laurens.. ..7.25 p. r..
*Does not n on Sunday. same carefi
This time ta;ble shows the time'
which jtrains may be expected to'
~part from this station, but theirJ
~parture is riot guaranteed and the i
me shown is subject to cha.nge with
it notice. i
G. L. Robinson,
Station Master.
T OF
Savings Ban
6Y, S. C.
ess November 16,1909.
to State Bank Examiner
LIABILITIES.
Capital $ 5ot00. 00
Undivided Profits 27,013
Deposits 250,632.87
Notes and Bills Rediscount
ed 6,000.00
"333*46 -
nngs Deposits
i, E NOR WO
R El EMR80
LEAD FREE!
BR ARYi
500 Books at Your Dispi~
FEER ITIDOES NOT
O0ST YOU ONE GEN
F MISS THI OPPORTUNITY
Tell You Later Where to Find
e Book Watd1 This Sjice.
Deposits January 1st, 1910 C
$160~,0.00.00
Conservatism &Service
pared, ready and willing to renden the
sible service to the greatest number of
ie greatest number of ways.
ACIUTIE$ ARE AMPLEC
SID SMALL AMOUNTS receive the
di attention.
~xchange Bank,'
rest Bak in Newbenry, S.C.

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