The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-12-13

"There can be no doubt that the
mother is giving to the children the
most affectionate and assiduous care.
The fact that she has joined the Ca
tholic church is nothing against her,
nor is it for court TO judge it an
injury TO the children 1t is resretta-
Bile that the sectarian religious intiu-
ence should not be that with which
the father is sympathetic, but 1t would
be lust as regrettable to the mother
for the children in the custody of the
father to be under religious influences
with which she is not sympathetic.
The court can not say that the re
spondent has become unfit to rear her
children because she obtained a dl-
vorce after this court had adjudged
that her separation from her husband
was due TO his fault 1t is true that
divorce is against the legislative policy
hibition of the constitution, but in the
face Of tha opposite sentiment OF the
vast majority OF the people Of the
civilized world, it would be arrogant
for this court to say that the mere act
of obtaining q divorce is so bad as
of this State, as expressed by pro
to show unfiness for material duties
and obligations.
Nor can the inference OF unftness
be drawn from the refusal TO accede
to the petitioners request for re-
cancellation. A real reunion in life
and sentiment is most desirable, and
it is commendable in the petitioner
that in his letters he frankly acknowl-
edges his err rors and expresses his de-
sire for reunion. But it would be most
harsh judgment to hold that the con-
ditions are so changed that respondent
is not fit for the custody Of the chill
dren because she refuses to enter into
a loveless reunion.
Without more detailed discussion,
we acquit the respondent of such
charges as render her unfit for the
custody of her children.
Other Features.
"But there are some features OF the
respondents conduct towards the pc
titioner which the court can not ap-
prove and which it will by its order
correct Whatever may have been the
sins of the petitioner against his wire,
he has suffered for them severe penal
ties. The court can not doubt, and it
sees no reason for the mother of his
children to doubt, not only that re has
deeply repented of the wrongs lie has
done. but that, under severe tempta-
ton to fall, he las left OF drinking
and become a sober and Garnet mali.
Some of his letters 10 tie respondent
are no doubt inapt in sentiment dnd
unfortunate in expression, >ut certain
" none of them are s. offensive as to
warrant a refusal to give mn infor-
nation directly about his chiidreA.
The record shows that tie petitioner
has nv his conduct for three years WOE
his right to respectful, consideraje
treatment at the hands OF the mother
Of his children at least with respect to
them: and it is to be greatly regretted
that he has not been accorded by the
respondent the opportunity foi such
association with his children as The
court regards, under all the circam-
stances, reasonable and proper.
To Visit Father.
This court is of the opinion that
the petitioner should have the chill
dren in his home for two months Of
the summer vacation season of each
wear. one-half OF the Christmas holi-
days and one week in the spring at
such time as may be found most con-
venient, 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 proper order to the court.
These provisions will be subject
to alterations as the children advance
in years, especially when the time