The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1912-12-12
MOOTHER KEEPS CHILDREN.
But Father Can Have Them Two
Months Each Year.

Columbia, Dec. 9.-Douschka
Pickens Tillman and Sarah Starke
Tillman must grow up under the
Jurisdiction of the South Carolina
supreme cotrt.
That court tonight rendered a
per curiam order placing the chill
dren in the custody of their mother,
Mrs. Lucy Dugas, formerly Mrs. b.
R. Tillman, Jr., but made the follow
ing exception:
This court is of the opinion that
the petitioner (B. R. Tillman, Jr.,)
their father, should have the chill
dren in his home for two months of
the summer vacation season Of each
year, one-haff of the Christmas holi-
days and one in the spring at such
time as may be found convenient,
subject to 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 the inter-
walls the petitioner should be allowed
to be with his children with reason
able frequency under conditions not
unpleasant to him. We make no or
der 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 sub
nit a proper order to the court.
The court states that these pro-
visions will be subject to alterations
as the children advance in years. The
court requires in the order that
The children shall remain sub
ject 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.
The order was signed by all of the
justices of the supreme court, and
follows the habeas corpus proceed
ings brought by Mr.. Tillman to Sc
cure possession of the children.
The court points out that the Judg-
ment of the court is never final as to
the custody of a child and that the
court must at all times be free to act
upon such a vital change Of condl-
tions as requires a change OF Gus
tody. The court says that B. Il.
Tillnan, Jr., failed to show that the
mother is unfit to have the custody
of the children.
1.-The fact that she has Joined the
Catholic church is nothing against
her, nor is it for court to judge 1t
an injury to the children.
The court cannot say that the re-
spondent MRS Dugas) has become
unfit to rear her children because she
obtained a divorce after this court
had adjudged that her separation
from nST uuSUduu was Ou0 " S
fault" the order continues.
The children have been in the Gus
tody of the mother, by former order
of the court, since 1910. -.
Counsel for Mrs. Dugas and Mr..
Tillman will submit to the court for
approval an order carrying out this
arrangement.
The decision brings a close to a
case that has attracted great atten-
ton throughout it's progress. In
1909 B. R. Tillmar, Jr., decided the
two children to his father and moth
er, Senator and Mrs. B. R. Tillman.
Mrs. Dugas, who has since secured
a divorce from B. R. Tillman, Jr.,
brought suit and the custody OF the
children was awarded to her.
A few weeks ago B. R. Tlllman'
Jr., claiming that he was reformed
man, petitioned the court to give
him custody of the children.
After the submission of aftidavlts
and argument the court took the
case under advisement. The decls-
ion rendered to-day was unanimous.