The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-02-01
LAW DENOUNCED
AS INDUSTRIOUS

AS INDUSTRIOUS
THAT UNDER WHICH YOUNG
TIILiMAN DECIDED CHILDREN.
Members of the Legislature Declare
The Law an Outrageous One.
Columbia, Jan. 29.-R the act IN
der which Senator Tillman has ae-
cepted the custody and tuition ofhis
two little grandchildren by deed from
his son is construed literally by the
supreme court it will give him. the
children, but poll of the members
of the present legislature shows that
body practically unanimous in favor
of changing the law, so as to forbid
any such deciding Of children in the
future. -.
This statute, which is found in the
code of 1902, reads:
Section 2689.-The father Of any
child or children, under the age of
21 years and mot married, whether
born before or after the death. of
such father, or mother Of any such
child or children, the father being
dead, whether such father or mother
be under the age of q years or Of
full age, may, by his or her deed,
executed and recorded according to
law, or by his or her last will and
TESTAMENT, made amid probated ac-
cording to law, dispose of the custody
and tuition of such child or children
for and during such time as he, she
or they, respectively, remain under
the age Of 21 years, to any persons,
in possession or remainder.
''It looks to me that the law as
set down III the eode,'' said Attor-
ney General Lyon, ''does give the
father the right to deed his children
even during his own life time amid
during the life of his wife,. and if
such is the law it is a monstrosity
and Should be amended. The supreme
court may apply. some principle Of
law to construe the act differently,
but that is the clear literary meaning
Of the section.' .a.. .'..
eff literal construction Of that
section is the law Of this State, it
is an outrage on our civilization and
we should lose no time in changing
the law, ''said W. C. Harrison, mem
Der Of the house Of representatives
from Greenwood and a member Of
the joint legislative commission which
investigated the State hospital for
the insane.
"It is monstrous, and I shall GER
tainly vote to change it," said Rep
resentative R. P. Hamer.
"Of course the law ought to be
changed at once, for it is rankly un-
just and against public policy: in its
literal sense" said Col. P. Il. Mel
son, one Of the most prominent GRIM
inal lawyers In the State.
i: Similar were the comments Of ey-
cry member of the Columbia Tar,
members Of the legislature and State
officers to whom the statute Was
shown.
"The statute had never been called
to my attention before, but would
not Like to comment on it while the
case is pending before the supreme
court, said Judge VIM. H. Brawley,
presiding here at the session Of the
federal court.
Members Of both branches of the
legislature are now at work On a bill
to change the la1 so as TO give DOM
the mother and the father the right
to deed the children, but to take ef-
feet only after the death Of both.
History Of Statute.
The present law was passed in 1887
and curious enough it was approved
by Governor Richardson, whom Till
man succeeded as governor. The lieu
tenant governor and president Of the
senate who signed the act was DR..
W. L. Mauldin, a present member Of
the senate from Greenvile and who
has always beep Tillman's political
The side notes in the code show
that the act in question was an
amendment to the old colonial law
adopted from England, and that it
was enacted into the South Carolina