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I TiLUiAfi u.iiikiii iN L'OUiii'S lONTROL MKS. DKiAS TO KEE1* THEM I NDEK LIMITATIONS. v Order Was Signed Monday Following Habeas Corpus Proceedings Brought bj B. K. Tillman,,Jr. Douschka Pic-kens Tillman and Sarah Starke Tillman must grow up under the jurisdiction of the South Carolina supreme court. The court Monday rendered a per curiam order placing | the children in the custody of Mrs. Lucy Dugas. formerly Mrs. B. R. Tillman, Jr., but made ihe following ex-, ception: "This court is of the opinion that the petitioner fB. R. Tillman, Jr.) should have the children in his home for two months of the summer vacation season of each, one-half of the Christmas tu>li- j days and one week in the spring at j such time as may be- found most convenient. subiecL^o the right of the mother to have them with her at ali times in case of their illness. We are ; of the opinion also that in-the inter-1 vals the petitioner should be allowed to be with his children with reasonable V. ! frequency under conditions not un- j pleasant to him. We make no order: at this time' as to details, in the con-! fidence that the parties or their coun- ] sel will be able to agree the par-; ticulars and at an early du? submit I a proper order to the court." /-.niirt that these nrovis- i JL UV V/V u * v ? *T ~ ions will be subject to alterations as i the children advance in years. The' court requires in order that "the j children shall remain subject to the i jurisdiction of this court," and that j Mrs. Lucy Dugas and B. R. Tillman, Jr., give bond in the sum of $5,000 each, "conditioned that they will not remove the children nor procure their removal beyond the jurisdiction of the I court." Order of Court. The following is the unanimous j opinion of the court in the case of B. | R. Tillman, Jr., petitioner, vs. Mrs. j Lucy Dugas Tillman, alias Mrs. Lucy, i Dugas. respondent. Per curiam. "Benjamin R. Tillman, Jt., has filed his petition in this court, praying that the court, under a writ of habeas corpus, require the respondent, Lucy Dugas Tillman, to surrender to him the custody of his two infant children, j Douschka Pickens Tillman and Sarah Starke Tillman. Under an order made j ?y ine cnier justice, uie responuem. i has made "her return to the petition, and the petitioner has traversed cer|? y tain allegations of the return. Xu* merous letters, affidavits and other exhibits have been submitted, and some issues of fact have been made. "Consideration of the entire record has led the court to a clear conviction as to the material facts, and there is no room for difference of opinion as to the law. This being so, in view of the importance of an immediate adjudication, the cause will not be delayed for extended discussion. History of Case. "Benjamin R. Tillman, Jr., and Lucy Dugas were marri-ed on the 29th of December, 1903, and had the two children whose custody is here involved. On the 1st of December, 19<>9, B. R. Tillman, Jr., execuied a deed puroprting to give the custody of the children to his father and mother, Hon. B. a. Tillman and Mrs. 3. S. Tillman, and turned over the children to them. On th? ^4th of January, 1910, Mrs. Lucy Dugas Tillman instituted habeas corf nus proceedings for the recovery of their custody, and this court on the loth of February, 1910, adjudged 'that the respondent, B. R. Tillman, Sr., and his wife, Mrs. S. S. Tillman, deliver j up the children to the petitioner, Mrs.1 Lucy Dugas Tillman, and that she 1 have and retain the custody of them during their minority or until it be otherwise adjudged.' Ex parte Til'; man, 84 S. C., 552. "It is true that B. R. Tillman, Jr.,! was not a formal party to that proceeding, but he submitted an affidavit k making no claim on his own behalf, but insisting on the claim of his father and mother, to whom he had solemnly i ! conveyed all his rights and custody.: It is clear that by this action he became bound bv the decree rendered in the former proceeding. But that decree expressly declared, in accordance with the well settled law, that an application might be made for a change of custody 'upon proof of such mate- j rial change of conditions as to make such a step proper. Judgment >'e?er Final. "The judgment of the court as to the custody of a child is never final, frvr thp> rnnrt must at all times "he frpp to act upon such a vital change of: conditions as requires a change of custody. But it is none the less true that k the father having been adjudged responsible for the situation which reL quired the court to give the custody ^ to the mother, he can not demand that I ; ; .<-}j:!u11 !< taken from her unless he shows her to have become unfit for j their custody. This we think he has j not done. ! "Th ro can be 110 doubt that the | mother is giving to the children the j most affectionate and assiduous care, j The fact that she has joined the Catholic church is nothing against her, 1 - nor is it for a court to judge it an ; injury to the children. It is regrataj ble that the sectarian religious influence should not be that with which | the father is sympathetic, but it would ! be just as regrettable to the mother I for the children in the custody of the j father to be under religious influences ' with which she is not sympathetic. i j "The court can not say that the respondent has become unfit to rear her. ! children because she obtained a di-1 I vorce after this court had adjudged that her separation from h?r husband i was due to his fault. It is true that ; divorce is against the legislative policy | hibition of the constitution, but in the face of th opposite sentiment of the i vast majority of the people of the j civilized world, it would be arrogant I for this court to say that the mere act nf nhrainiiie a divorce is so bad as of this State, as expressed by proto show unfitness tor material duties and obligations. "Xor can the inference of unfitness be drawn from the refusal to accede to the petitioner's request for a reconciliation. A real reunion in life and sentiment is most desirable; and it is commendable in the petitioner that in his letters he frankly acknowledges his errors and expresses his desire for reunion. But it would be most harsh judgment to hold that the conditions are so changed that respondent is not fit for the custody 01 tne cnudren because she refuses to enter into a loveless reunion. "Without more detailed discussion, we acquit the respondent of such charges as render her unfit for the custody of her children. Other Features. "But there are some features of the respondent's conduct towards the petitioner which the court can not ap prove and which it will by its order correct. Whatever may have been the sins of the petitioner against his wii'e, he has suffered for them severe penalties. The court can not doubt, and it sees no reason for the mother of his children to doubt, not only that ie has | deeply repented of the wrongs 1 e has done, but that, under severe temptation to fall, he has left o/t' drinking and become a sober aiid earne.t man. Some of his letters to tue respondent are no doubt inapt in sent'inent <ir;d unfortunate in express:o:i, rut certainly none of them are s) offensive to I warrant a refusal tj give him information directly about his childien. : l^he record show.< that the petitioner has by his conduct for throe >ears won his right to respectful, considerate treatment at the hands of the mother of his children at least with respect to them; and it is to be greatly regretted that he has not been accorded by the respondent the opportunity for such association with his children as tne court regards, under all the f.ircum. stances, reasonable and proper. To Visit Father. "This court is of the opinion that the petitioner should have the children in his home for two months of the summer vacation season of each | year, one-half of the Christmas holii days and one week in the spring at such time as may be found most con*rsvr.iArit CnhlOPt tr> thf! Hffllt Of the | OU WJ WV vvy w | mother to have them with her at all times in case of their illness. We are of the opinion also that in the in\ervals the petitioner should be allowed to be with his children with reasonable frequency under conditions not unpleasant to him. We make no order at this time as to details, in the confidence that the parties or their counsel will be able to agree on the particulars and at an early day submit a proper order to the court. "These provisions will be subject to alterations as the children advance in years, especially when the time comes for them to be sent away to school. But the hope is indulged by the court that all future contingencies may be met in a spirit of mutual accommodation and provided for by, agreement of the parties without ap-, peal to the court. "It is ordered that the children shall remain subject to the jurisdiction of this court and that the petitioner and the respondent do enter into an undertaking with sufficient j surety to be approved by the clerk of j this court in the sum of $5,000, con- I ditioned that they will not remove the! children nor procure their removal be- j yond the jurisdiction of the court. i "If the parties to this deplorable I controversy will think less of the en- j forcement of their legal rights and more of the forebearance and liberal ity which personal dignity, to say nothing of the Christian charity which both profess, requires that they should exercise in carrying out t s^irii of i this decree. there will be no need for : further litigation. Surely, nothing. . . .! could so alleviate the misfortune or 11 tiu'se children as courtesy, forbearance j and cha?'itv oi' their parents toward j each other. j "It is adjudged that the respondent! retain th^- custody of the children un- ' t j til the furiher order of the court sub-! I | ject to the limitations and conditions herein set out and subject to such or-1 der as t le court may hereafter make, i 1 (Signed^ "Eugene B. Gary, (.. J., C. A. Woods, A. .1., D. E. Hydrick, A.! .J., R. C. Watts, A. J., T. B. Fraser, |j A. .1." THE GREAT LANDSLIDE OF 1012, I: Ami Hoav it Happened, Told at Grid- [ Iron Frolic?All Joining in >ierrv-Miiking. Washington. Dec. 7.?The landslide! of 1 Q1 *> hnw if ivimionuil ;?rw) tlia t*n_ tility of an attempt to reorganize the "G. 0. P." on the old lino:, were the i i themes upon wnicli played the wit and,! humor of tiie Ciiiciiroa v-Iub at th:> an-' nual fall dinner tonight. Events of' i j;o.:iti>*a! importance and actions upon i which turn-d national issues were | treated in a spirit of levity and fun, j rnderlying each jest and quip and skit were touches of human sympathy and' kindliness for the victims of the No-1 vember avalanche, as well as some bits ; of homely advice and warning for the; victors, that kept everybody in good ; humor. ! Not even his late political enemies j failed to welcome the pathetic tribute j to President Taft in the song render- | ed by the Gridiron quartette appealingi to him, "not to forget us when you go : away." The president sat and listen-' ed with the members of his cabinet scattered about the banquet hall. The fun started early. It was dis-! ... , I covered that the usually immaculate: hail was not as tidy as it should be, J and a "White \\ring" was sent about: gathering all sorts of litter. This turn- i ed out to be "campaign rubbish," and j each find brought forth a ripple of ap plause. He pulled out from the band- j stand a pair of moose horns, and the club members tossed into his bag some : worn-out souvenirs of the campaign. > Such were the "last predictions of i Senator Dixon and Charles D. Hilles;" { "that smile that wouldn't come off;", the "bluff at big business, 0. K?/d by' Bill Bryan;" a couple of old empty j wallets, one marked, "C. P. T." and the other, "G. W. P.," the peace treaties, j the commerce court, and the "hopes j of Henry Cabot Lodge for the chair- | manship of the foreign relations com-; . mjttee.' "Soils of the Landslide,*' i Unlike other clubs, the Gridiron club| initiates its memebers in' public, and this time it acquired two worthy young 1 journalists in novel fashion. Hobbling ; into the hall on crutches, bandaged,' hats knocked in, and clothes hisshev- | elled, came caricatures of Presidentj Taft, "Uncle Joe" Cannon. "Nick"1 '1 "** ^?o'in o r> rl Ronrp. 1 LrOngWOlTIl, .Villi I <i-J Sialic c?uu ^ . ? ( sentatives Sulloway, McKinley and Dalzell, "Sons of the landslides," who ' declared their purpose to reorganize! the Republican party rallying around the States of Utah and Vermont. >"ew Indoor Sport. i When Bill Saunders and Harry j Clotworthy, who is now a magazine: writer and expert on military affairs were cowmen in the west they one; day drove a bunch of cattle across a stretch of country which offered as its chief products heat ' and alkali. When their temperature had beeni * * ? ? ^3 -4- V. ^ i ? | , raised to tne Doning point aim men j eyes and throats were full of dust, i they struck a Wyoming town which j boasted an excellent lunch room, i i j Clotworthy ordered a steak blood i rare, and Bill Sanuders impressed on ; the waiter in picturesque language j : that his steak must be well done. The ! waiter finally appeared and set food; before the two famished men, but, as j ? I sometimes happens with waiters, nej made a mistake, giving Saunders the j blood rare beef. Bill, confident that he | was about to enjoy his favorite dish, cut into it with a bold sweep of his knife and was rewarded by seeing that it had hardly touched the fire. With the utmost solemnity he threw the steak to the sawdust floor, drew j his gun and shot two holes into it. | Then, calling the waiter, he said calm- | ly: "The crjtter's dead now. You can J take him back and cook him.'"?Popu- I lar Magazine. . 1_ I CHICHESTER S PILLS! TIIE diamond brand. A I-<adle?! Ask yonr Drueelut for /j\ f>S\ Ohl.che??(?r? Diamond Brand/A\ j* Pills in Red and Gold metaIlic^\^V j ~>"v ?m>*c5, scaica wiui diuc jmkuoii. x g W Take no other. Buy of your * 1/ ~ flf l>rugel*t. AskforClII-eirES-TEK8 I V g DIAMOND It RAND PILLS, for 25 VC* fp years known as Best, Safest, Always Reliable SOU) BY DRUGGISTS EVERYWHERE Ha?e your job printing done by The home of good printing. | Two Pi I On December 17th we Maxwell Avenue, and c< ~THE STORE, and we are out on trial. One Piano froi I If you want a Piano, this opening at half pas' All Pariicul If ttai? rln nnf Ij 11 J VU vxv/ take the train any o We expect to move in First, and wish to sell o I Then We Need the Ro We Will Sell For 1 wn11 (A iV/UJL Index Building, / Child^en^^^ Should Have Good A poor light strains the eyes, z last for life. An oil lamp is bes Lamp is soft and mellow. Yoi TTTifVinnf Tti Tr-fit-irr xroiT J.U1 iIUU.1 C5 W HUUUl lieu (.Uig J The RAYO is constructed best l&mp made?yet inex] T C AVlT/h Lamp, ? M. shade. Easy to styles and for all Dealers STANDARD 01 (Incorporated in ] Newark, N. J. , A-nTifT OF Ff\AL SETTLEMENT. i Notice is hereby given that the undersigned will make final settlement1 as adminstratrix of the estate of Ed- ! win, L. Werts, minor, deceased in the 1 Probate Court of Newberry County, j South Carolina,*on January 3, 3 913, at; 11 o'clock in the iorenoon, and will > immediately thereafter apply for her : discharge as such administratrix. All j persons holding claims against said estate will file same, as required by j law and all persdns indebted to said will make imn/ediate settlement, with the undersigned or her attorneys. Mrs. Lucretia J. Dawkins, Guardian. AUDITOR'S NOTICE. I, or an authorized agent, will be at the following places named below for the purpose of taking returns of personal propertyi for fiscal year 1913: Newberry, January 1st to 4th, inclusive. Jolly Street, Monday, Jan. 6th. Pomaria, Tuesday, Jan. 7th. Walton, Wednesday, Jan. 8th. Mt. Pleasant, Thursday, Jan. 9th. Maybinton, Friday, Jan. lotn. Jxmgshores, Monday, Jan. 13th. Newberry, Saturday, Jan. 11th. Silver Street, Tuesday, Jan. 14th. Chappells, Wednesday, Jan. 15th. Kinards, Thursday, Jan. 16th. ianos Given } will commence a Special Piar ontinue until TWELVE PIAN rill also have another lot of Tv m Each Lot Will Be and would like to get one free t ten o'clock on that day. ars Will Then Be Fully ive in Greenwood it, and come to this Op f the 12 Pianos are to the Grier & Park Fire Pro< ut our present stock before m Mnnpv and Will .Sell T iflVAiVJ J UA1M V V AM MVA* A / ck Bottom Pric< Either Cash or On Acco .AND I I BHBHBHBBnHBi Light for Studying md the injurious effects may st. The light from the Rayo li can read or work under it r eyes. I scientifically. It is the pensive and economical. ade of solid brass ? nickel plated, ghted without removing chimney or i clean and rewick. Made in various purposes. Everywhere L COMPANY >Je\r Jersey) Baltimore, McL Whitmire, Friday and Satu:day, Jan. 17th and 18th. <3t i ni-ps \Tnndav. .Tan. 20th. KJ VliKV-j ^ ? O'Nealls, Tuesday, Jan. 21st. Little Mountain, Wednesday, Jan. 22nd. Prosperity, Thursday and Friday, Jan. 23rd and 24th. XewDerry, Moiiohon Mill, Saturday Jan. 25th. Jan. 27th. ' > Newberry, Oakland Mill, Monday Newberry Court House, Jan. 28th to Feb. 20th. The time for making assessments - - mu 3 OA* Vi onr? expires un inuisuctj, rcu. iuiu, <mu j all persons, firms and corporations falling to make their returns by 6 o'clock on the evening of Feb. 20th, a penalty of 50 per cent will be added to their assessment of fiscal year 1913. The law requires a tax to be charged on all moneys, notes and mortgages, also an income tax on gross incomes in excess- of $2,500.00. Thtirp shall hp a sanitation tax of fifty cents on all dogs, the. proceeds to be expended for school purposes. Dogs not returned for taxation shall not be considered as property in any of the courts of this State. All male persons between the ages of 21 and 60 liable to pay poll taXj except Confederate soldiers, or thcee persons incapable of earning Away! 10 Sale in our store on OS ARE SOLD FROM veive Fianos sola winch B iGiven Away. I , do not fail to come to Explained. I will pay you to S lening before K gone. v )f Building on January oving. hese Pianos Off at i / 5S. mmodation Terms. JROS. Jreenwood, S. C. I i * ~i f ? 1 REMEMBER Bear in mind that the monument ordered now receives the most painstaking workr anship during the winter? and that, because of not be ing the rush season you obtain the lowest possible prices. Allow us to show you our stocks and our designs?and for your verification as to, the quality of our work, inj spect the many monuments; we have erected hereabouts.. P. F. BAXTER & SON: Newberry, S. C,. a support from being maimed or from any other cause. Nothing but personal property is to be assessed this year, but all persons who have bought or sold any real estate since last return are required to note such transfers on their returns for 1913 . All property must be assessed "at its true value," which is construed tomean " the sum of money which such property, under the ordinary circumW/MIIH call " VTWWIAV4 IVi uaouPlease do not ask that your property be taken from the auditor's duplicate the same as last return, for tht* law requires tfiat all property must oe listed on regular tax return blanks and signed and sworn to by person listing camp ? Name of township and school district must be given on every return. EUGENE S. WSRTS. Auditor for Newberry County, Newberry, S. C. jsam. ^I9HH