The herald and news. (Newberry S.C.) 1903-1937, December 13, 1912, Page THREE, Image 3
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