Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-02-18
THE TILLMAN CHILDREN.
Supreme Court Gives Them to Their
Mother.
full TEXT OF INTERESTING DECISION.

confessedly Unfit to Care For the
Children, He Was Held Unfit to Dis.
pose of Them, and Because There
Was Nothing Against the Character
Of the Mother, the Children Wore
Restored to Her.
The information that the supreme
court had filed a decision under which
1t takes away from Senator and Mrs
B. R. Tillman the two children, decided
to them by B. r. Tillman, Jr., and gives
the children to their mother Mrs. B.
r. Tillman, Jr., was published in the
last issue Of The Enquirer, the news
having been received through dis
patch from Mr.. August Kohn.
There was tremendous interest in
the case throughout the state, much Of
it natural and proper, and the most Of II
vicious and lawless. This lawless feel
ing ran unnecessarily high; but wheth-
er 1t would have amounted to anything,
Of course, II Is impossible to say. II
Is stated, however, that partisans Of the
mother as against Senator Tilln an, had
formed a plot to, in the ever re de-
cision should be adverse to the moth
er, take the children forcibly from the
senator, and give them over to Mrs.
Lucy Dugas Tillman. Other partisans
Of the same stripe are reported to have
arranged to take Senator Tillman's por-
trait from the hall Of the house of rep
resentatives and trample 1t in tine
street, either Of which unnecessary and
uncalled-for act would have merely
served to set aflame a vicious and
lawless sentiment that could have done
no good to the mother, the children or
the laws Of South Carolina.
There are all kinds Of expressions
afioat, from all kinds Of people, some
Of whom hold that the decision pam
ders to public sentiment, and that II II
had not been for the overwhelming ex-
pressions in favor Of the mother, the
children would have been left with
Senator Tillman. Others had been
claiming that the court would give the
children to Senator Tillman, because II
so 1t has been going; but all these ex-
pressions are more or less thoughtless,
and without much foundation in fact.
The decision Is based purely upon the
law and the evidence. The court decides
that according to his own admission,
B. r. Tillman, Jr., Is not At to have the
custody Of the children, and by his act
deciding them to his father and mother,
he relinquishes all right to them. There
was nothing In the testimony beyond
mere unsupported intimations, to indi-
cate any unfltness on the part Of the
mother, and under the common law of
reason and justice as well as the con-
stitution Of the state, she Is entitled to
their custody.
Because Of the tremendous interest
In this especial case, and because Of
the great Importance of the subject,
full:
The custody Of Douschka Pickens
Tillman and Sara Starke Tillman, her
infant children, VS.. B. R. Tillman, ST.,
and his wife, Mrs. s. 8. Tillman, res
pondents.
Opinion by c. A. Woods, A. ].
Mrs. Lucy Dugas Tillman, the moth
er Of the infants, Douschka Pickens
Tillman and Sara Starke Tillman, fl
ed her petition In this court on the
oath day of January, 1910, praying that
a writ of habeas corpus be issued, to
the end that her children be released
from the alleged unlawful restraint Of
the respondents, Hon. Benz. r. Tillman
and his wife, Mrs. 8. 8. Tillman, and
that they be turned over to her custo-
dy, care and training.
The petitioner alleges her marriage
with B. r. Tillman, Jr., the son Of the
respondents, tine birth Of the two chill
dren, one being now five and the other
two years Of age; the incorporate hab-
its of her husband; and such unjust
and cruel attacks on her character by
on November "a, 1908; her subsequent
reconciliation with him in February,
1909, on the faith Of his retraction Of
the charge against her, and his contri-
ton and promise Of reform; her nus
bands taking the children with her
consent from the family residence In
Washington for the purpose, as ex-
pressed to her, Of having them visit
their grandmother, Mrs. Sarah 8. TILL
man, who was then In Washington; the
return Of her husband on the af-
ternoon Of the same day without the
children, his explanation being that
he had given them to his father and
mother, who had taken them to South
Carolina; the departure Of her husband
from their residence Immediately after
this statement, his taking with him his
valise and his declaration Of his inten-
tion to desert her; the execution OF
deed by the father, B. r. Tillman, Jr.,
without her consent and without con-
sultation with her, by which he under
took to transfer the custody and care
of the children, during their minority,
to his parents, the respondents, B. r.
Tillman, Sr., and Mrs. Sarah 8. Till
man. That petitioner further alleges
that she Is fully qualified to have the
custody and training Of her children,
and Is possessed Of ample means for
their maintenance and education, and
insists that, under the facts stated, she
Is entitled to their custody and care.
On this petition, to which were attach
ed numerous afidavits In support OF
its ALLEGATIONS, a writ Of habeas corpus
was issued, requiring the respondents
to bring the infants before the court,
and show cause why they should not
be released from their custody, and
committed to the custody Of the peti-
toner. Thereafter, on the 31st day OF
January the respondents brought the
children before the court and submit
ted their written return to the writ, by
which they claim a right to retain the
custody of the children on these
grounds:
Statute Law.
First, that B. r. Tillman, Jr, the
father Of the children, executed to
them, on the first day Of December,
1909, a deed disposing Of the custody
and tuition Of the children, in accord
ance with the statute law Of the state;
and that they are suitable and proper
persons to have the custody and tui-
ton.
Second, that "at the common law the
deed disposing Of the custody and tui-
ton of said children, being without
prejudice to the children, would be
good and valid during the lifetime or
the said B. r. Tillman, Jr., and he be-
ing alive this proceeding is premature
Third, that the disposition of the GUS
tody Of the children by the father Is Tor
their best interest, and the court, Tor
that reason, should not deliver them TO
their mother. ,,,
The deed from the father, B. r. TIL
man, Jr., to the respondents, purports
to dispose absolutely Of the CUSTODY OF
the children during their minority;
and the first inquiry is: Does the
statute law of the state authorize sucn
disposition, in the sense that 1t confers
ON the father the arbitrary power TO
dispose of his children, thus taking
away the right Of the mother and the
child to judicial inquiry and adjudica-
tion as to their proper custody, and de-
stroying the long recognized jurisdic-
tion of the courts to adjust the CUSTODY
of minors, according to established
family rights? II the general assembly
has passed a constitutional act bestow-