Historical Newspapers of South Carolina

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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 A Store Is Known By the Goods It Handles ~You will find here, a t alil times, the freshest stocks of the most carefuly selected 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.