The Birmingham age-herald., 1910-02-16
Custody of Grandchildren Is Taken Away from Him Gy
 South Carolina Court
SENATOR IS GREATLY
 AFFECTED BY DECISION
Court Declares That Children Must Go Back to Their Mother As Proper Person to Take Care
 of Them in Future

Washington, February 15.-(Special.)- The rough exterior Of Ben T1llman of South Carolina was brushed away today and Washington for the first time got a glimpse of the inner man. The decision of the South Carolina supreme court taking from him his two grandchildren 30 deeply affected the Senator that he went home as soon as the telegram an- nouncing the decision of the court was <received, and mingled his tears with those of his two daughters, who have been praying for days that the court would uphold the Senator's claim.
 The Senator was greatly affected by the decision. His wife is now in South Car olina with the two little granddaughters, Doushka, five years of age. and Sarah Stark, three, who will be turned over to their mothers custody. The Senator feels that he is at least saved the grief of hay ing to part with them formally here in Washington.
 Commenting upon the decision of the court in the suit for the custody of his grandchildren, Senator Tillman today said:
 The supreme justices have lifted great responsibility off me and shifted 1t to their own shoulders My own motive Tn accepting the guardianship was the welfare of my little granddaughters. l knew all of the facts and circumstances, many of which were not brought out in the hearing and was actuated solely by srense of duty. The final result can alone Determine whether the court has acted wisely.
 Fifteen years hence. when I am dead end gone, the character and type of women that my granddaughters will have become will show whether it was best to have given them to their mother or not
 T pray Gods guidance to her in rearing them, and that He will shield them from contaminating influences and example"
 Columbia, s. C., February 15.-Granting the mothers plea for the custody of her two children, the supreme court of South Carolina today handed down decision in favor of Mrs. B. R. Tillman, Jr.. In her suit to recover her two little girls, Doushka Pickens Tillman and Sarah Stark Tillman, from the possession of Senator and Mrs. B. R. Tillman. The de- cision is based upon the ground that the deed of transfer by B. R. Tillman, Jr was invalid as applied to the mother. the act under which it was made being de- clared in violation of the state and United States constitutions. The court therefore. granted the application for ha- beas corpus. As soon as the decision was announced attorneys for young Mrs. Till man took steps toward securing the chill dren.
 Mrs. B.. R. Tillman. Jr., would make no statement other than T am glad" Scores of women called during the day to congratulate her and telegrams of congratulations poured in from all sec tons of the country
 The courts opinion, about coco words in length. bases the decision on the uncon- stitutionality of the law permitting fath- CT to deed his children without the moth CTS consent If the statute is to be construed as giving the father arbitrary power to deed away the custody of his children" the court says, ''the law is mn infringement of the rights and privil- eges assured in the state constitution and similarly in the fourteenth amendment to the constitution"
 The opinion says:
 Tt seems perfectly clear that the gen eral assembly cannot empower the father, Gt his own will, to deprive the mother and children of these legal rights so long ,tabllsned as elements of personal liberty.'' Therefore the court holds the decd of transfer does not affect the rights of the mother and children.
 The court further concludes that the father, B. R. Gilman Jr., having in the deed stated that he was unable to rear them, can have no claim to the custody Of the children and, therefore, the suit narrows down to a controversy between Mrs. B. R. Tillman. Jr., and Senator and Mrs B. R. Tillnan, who were given the custody of tke children by the deed executed by B. R. Tillman, Jr
 Without passing on the conflict of tes- timony in the affidavits covering the marital differences of this couple the court concludes that the children should hs in the custody of their mother, who, ti Is held, is better fitted than the grand tparents, under the circumstances, to care for the two little girls.
 In 1903 Lucy Douglas a granddaughter Of Gov F. w. Pickens, war governor of eouth Carolina, and daughter of Mrs. Lucy Hocombe Pickens. connected with the best families of the state, was mar ried to Benjamin Ryan Tillman Jr.. eld- est son of Senator B. R. Tillman. gover- nor and later senator from South Calo- line. In November, 1908, they parted. Npung Mrs. Tillman alleging that her husband drank and mistreated her. In February of last year there was recon eiliation, which lasted until December, 1909, when young Mrs. Timan became ill tn Washington. Hardly had she begun her convalescence, she alleges. when her husband, under pretense of taking the little girls to see their grandmother. carried them to Trenton. S. C., and trans terred them to his parents. Mrs. Tillman, sftor her recovery, instituted habeas cor pus proceedings before the supreme court ot South Carolina on January 14 One week later the case was argued and the court took the case under advisement
 
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