The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-12-13
TILLALkh ChILDnLIIji
IN tOURl'S CONTROL
MRS. DJGAS TO KEEP THEM IN
DER LIMITATIONS.
Order Was Signed Monday Follow
ing HabeaS Corpus Proceedings
Brought by B. r. Tillman. Jr.

Brought by B. r. Tillman. Jr.
Douschka Pickens 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. K. Till
man, Jr., but made the following eX-
ception:
This court is of the opinion that the
petitioner @. 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 holi-
DAYS and one week in the spring at
such time as may be found most con-
venient, subject 50 the right Of the
mother to have them with her at all
times in case of their illness. We are
of the opinion also that in>tle inter
walls the petitioner should be allowed
to be with his children with reasonable
frequency under conditions not un-
pleasant to him. We make no order
at this time. as to details, in the con-
fdence that the parties or their coun-
sci will be able to agree the par
ticulars and at an early d~y> submit
a proper order to the court"
The court states that these provis-
ions will be subject to alterations as
the children advance in years, The
court requires in the order that "the
children shall remain subject to the
jurisdiction of this court" and that
Mrs. Lucy Dugas and B. R. Tillman,
Jr, give bond in the sum of $4,000
each, conditioned that they will not
remove the children nor procure their
removal beyond the jurisdiction of the
court"
Order of Court
The following is the unanimous
opinion of the court in the case of B.
R. Tillman, Jr., petitioner, VS.. Mrs.
Lucy Dugas Tillman, alias Mrs. Lucy
Dugas, respondent. Per curiam.
Benjamin R. Tillman, Jr., has filed
his petition in this court, praying that
the court, under writ Of habeas cor
pus, require the respondent, Lucy Du-
gas Tillman, to surrender to him the
custody of his two infant children,
Douschka Pickens Tillman and Sarah
Starke Tillman. Under an order made
by the chief justice, the respondent
has made her return to the petition,
and the petitioner has traversed GER
tain allegations Of the return. NJ
merous letters, aff1davits and other
exhibits have been submitted, and some
issues of fact have. been made.
Consideration of the entire record
has led the court to 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 adju-
dication, the cause will not be delayed
for extended discussion.
History of Case.
Benjamin R. Tillman, Jr, and Lucy
Dugas were married on the 29th of
December, 1903, and had the two chill
dren whose custody is here involved.
On the 1st of December, 1909, B. R.
Tillman, Jr., executed deed puroprt-
ing to give the custody OF the children
to his father and mother, Hon. B. Z.
Tillman and Mrs $ s. Tillman, and
turned over the children to them. On
the 24th OF January, 1910, Mrs. Lucy
Dugas Tillman instituted habeas cor
pus proceedings for the recovery Of
their custody, and this court on the
18th Of February, 1910, adjudged that
the respondent, B. R. Tillman, Sr., and
his wife, Mrs. S. S. Tillman, deliver
up the children to the petitioner, Mrs.
Lucy Dugas Tillman, and that she
have and retain the custody of them
during their minority or until it be
otherwise adjudged.' Ex parte TIL
man, 81 S. c., 552.
at is true that B. R. Tillman, il,
was not a formal party to that pro
ceeding, bnt he submitted an affidavit
making no claim on his own behalf, but
insisting on the claim of his father and
mother, to whom he had solemnly