The objective of this study was to determine whether West Virginia (WV) logging companies experienced a reduction in injuries after. Montrose West Avenue Akron, OH Bettinger, Becki Eloise. B.S.. Old Dominion University. M.S.W.. Norfolk State University. , ACRES, RESERVED AREA, WEST SHORE, $, $1,, THOMPSON AVE, SEVERN, MD , BETTINGER KATHY M, MEYERS AMY E. BTC ADDER V4.0 2018
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Administrative Information Return to Top Processing Note The finding aid for this collection is compiled from an internal inventory that was created and maintained by past archives staff. The list was migrated in to make it publically accessible. A battle ensued, and the Frenchmen, in accordance with the agreement with the Indians, used their firearms with such deadly effect that the Mohawks fled in fear.
The victory was complete for the French and their red allies, but the price of victory was dear indeed, for the Iroquois waged a relentless war against the St. Lawrence colony for many decades, threatening even the life of the village. Lawrence which were controlled by the Iroquois. Travel to the west by way of the lower lakes was closed to the French, and the route of the explorers was deflected to pass by way of the Ottawa river, Mattawan river, Lake Nipissing, French river, and Georgian bay to the upper lakes.
Champlain's first important exploration to the west came in when the allied tribes prevailed upon the French to organize a punitive expedition against the Iroquois, the principal object being the reduction of the fort at Oneida lake. Accompanied by a servant, an interpreter, and ten Indians, Champlain followed the river route to Georgian Bay which they coasted to the present county of Simcoe, where Le Caron, a Recollect missionary, had previously gone to care for the Indians of the vicinity.
Re-enforced by eight Frenchmen and more Indians, the party crossed Lake Simcoe, struck Lake Ontario near Kingston, and thence proceeded by land to the Iroquois fort at Oneida lake. The fort was successfully held by the Iroquois, and the French and their allies retraced their steps, reaching Quebec in the spring of Though the military aspect of the expedition had been a failure, Champlain had opened the route to the west and had explored approximately 1, miles of new country.
Though statements have been made to the effect that Champlain visited the site of Detroit during his first term of governor of New France, it is not at all certain that he did so. The Marquis de Denonville, governor of New France from to wrote of Champlain some years later that the father of New France had in and traversed the Grand river, Lake Erie and the Detroit.
Champlain, however, in no place in his extensive writings mentions having been at Detroit, although he had considerable knowledge of the country south of Lake Huron from his able lieutenant, Jean Nicolet, who visited the Winnebago Indians at Green Bay, Wisconsin, in It was upon the strength of Nicolet's report, in fact, that prompted Champlain to recommend the establishment of a fort at the northern end of the St.
Clair river. While the civil and military authorities of New France were pushing exploration in the great western country, perhaps none did more to open the wilderness to the feet of the white men than did the blackrobed Jesuits. Fathers Isaac Joques and Charles Raymbault made a flying trip to the Sault in but soon returned to the Huron mission on Georgian bay whence they had come. In the spring of the following year, Menard lost his life when he attempted to visit the Huron Indians near the headwaters of the Black river in Wisconsin.
He was lost in the woods near Bill Cross rapids on the Wisconsin river, not far from Chelsea, Taylor county, Wisconsin, and was never seen again. Father Claude Allouez was then sent to the Lake Superior mission, but he established his post near the present site of the city of Ashland, Wisconsin, instead of at the place chosen by Menard in Late in , Father Allouez journeyed by way of the Sault to the southern parts of Wisconsin and still later about carried the Gospel to the tractable Illinois among whom he died in August, , at the age of seventy-six years.
The mission at Chequamegon bay now came under the direction of Father Jacques Marquette, who succeeded Allouez on the eve of the latter's transfer to the Green bay and southern Wisconsin territories. It had been intended that Marquette should first establish a mission among the Illinois at the head of Lake Michigan, and when he was sent to Chequamegon bay, he continued to learn all that he could concerning them.
Some of that tribe visited the northern mission and from them Marquette learned more of the great river to the west of which so many tales had been told in Quebec. To explore this large stream became one of the abiding hopes of the industrious priest. Marquette had been at Chequamegon bay but a comparatively short time, when the Sioux declared war upon the Ottawas and Hurons in the vicinity of the mission.
With destruction threatening them, the former tribe moved to their old home at Manitoulin island in Lake Huron and the Hurons fled to Mackinac island at the straits. Great success attended his efforts at Mackinac and the Hurons submitted willingly to his gentle rule. On the feast of the Immaculate Conception, December 8, , the day on which Marquette always invoked the Blessed Virgin to "obtain from God the grace of being able to visit the nations along the Mississippi river," there came to Mackinac Louis Joliet bearing Frontenac's commission to explore the Mississippi river and to discover the South Sea.
To Marquette he brought instructions from his superior, Father Dablon, to accompany him, Joliet, upon the expedition. A winter of planning and preparation finally passed for the eager explorers, and on May 17, , they set out on their journey. Traveling to Green bay, thence up the Fox river to the portage over which they passed to the Wisconsin river. Dropping down the Wisconsin river, the party of seven Frenchmen and the Indians reached the Mississippi river June They began to retrace their steps on July 17, , and when they reached the mouth of the Illinois river turned up that stream to reach Lake Michigan.
Thence they coasted the west shore of the lake, carried across the Sturgeon bay portage, ascended the Fox river, and spent the winter at the Depere mission, to which Marquette was now assigned. In the spring Joliet returned to Quebec but lost all his records when his canoe capsized in the Lachine Rapids above Montreal.
In October of that year, , Marquette started to the Illinois country to found a mission among those Indians, and when he reached the site of Chicago in December, he built a hut and stayed there. Late the following March, his health was in such a precarious condition, that he resolved to return to his beloved mission at St. Near midnight, Saturday, May 18, , death overtook the valiant priest as he lay at the mouth of the Marquette river where Ludington now stands.
His bones were later transported to that mission which he founded at the straits and are now at Marquette university, Milwaukee, Wisconsin. The first specific mention of what is now Detroit was made by one of these brave priests by name Abbe Brehant de Galinee, who came to America in with Queylus, the superior of the Sulpician seminary at Montreal.
Dollier had been a cavalry officer under Turenne before he entered the priesthood. He came to Canada with three brothers of the order in September, , joined Tracy in a campaign against the Mohawks, and then was chaplain of Fort Ste. Anne on Lake Champlain. In the spring of , after a winter spent among the Nipissings, he went to Montreal to outfit for a trip to the Lake Superior country and there met Galinee.
The two easily persuaded the superior of the monastery to permit them to take the journey, and the superior suggested that they join the party of La Salle that was then preparing for a similar enterprise. Leaving Montreal July 9, , the party started by canoe for the upper lakes. At the Indian village of Timaouataoua they met Louis Joliet, also on his way to look for copper in the Superior country and to find a better route to the upper lakes if possible. La Salle was forced to give up the trip because of a fever, and the two priests then joined Joliet.
La Salle returned to Montreal and the others continued on along the north shore of Lake Erie to Long Point where they made winter quarters and where the two priests again claimed the land for the French crown. On March 26, , they again set out on their interrupted journey which soon brought them to Detroit, an event described in the writings of De Galinee as follows: "We pursued our journey accordingly to the west, and after making about one hundred leagues on Lake Erie arrived at the place where the Lake of the Hurons, otherwise called the Fresh Water Sea of the Hurons, or Michigan, discharges into this lake.
At the end of six leagues we found a place that is remarkable and held in great veneration by the Indians of these countries, because of a stone idol that nature has formed there. To it they say they owe their good luck in sailing on Lake Erie, when they cross it without accident, and they propitiate it by sacrifices, presents of skins, provisions, etc. However, it was all painted and a sort of face had been formed for it with vermilion. I leave you to imagine whether we avenged upon this idol, which the Iroquois had strongly recommended us to honor, the loss of our chapel.
We attribute to it even the dearth of provisions from which we had hitherto suffered. In short, there was nobody whose hatred it had not incurred. I consecrated one of my axes to break this god of stone, and then, having yoked our canoes together, we carried the largest pieces to the middle of the river and threw all the rest also into the water, in order that it might never be heard of again. God rewarded us immediately for this good action, for we killed a roebuck and a bear that very day.
Thus, as far as we have record-unless it be that Champlain traversed this river-these two Sulpicians and Louis Joliet were the first white men to set foot on the site of what is now Detroit. Joliet had succeeded in finding the lake route to the western territory as he had hoped, had also paved the way for his discovery of the Mississippi and the subsequent explorations of La Salle south and west of Lake Michigan.
Now that Joliet had demonstrated the feasibility of the lake route to the French, the voyages of La Salle after the former had returned from the discovery of the Mississippi lost much of their significance where Detroit is concerned. All New France then knew that a safe and easy pathway lay before them to the west, and La Salle faced no new dangers when he finally began preparations for the journey through the lakes to explore the western parts of New France and to discover.
In one respect, the trip of La Salle was significant, for he it was who built and sailed the first sailing vessel to cut the waters of the Great Lakes and the Detroit river. Robert Cavelier, Sieur de la Salle, was granted the seigneury of Fort Frontenac the year after the voyage of Marquette and Joliet, and on May 12, , he received the commission to further the western explorations for France. In the fall of that year, upon his return from France with shipbuilders and ship supplies, he sent a trading party of fifteen men to deal with the Indians of the lakes and then went to a creek above Niagara Falls, where he had the "Griffon," a forty-five ton vessel armed with small brass cannon, built by the artisans brought from France for that purpose.
Despite the attempts of the Indians to burn the boat, the "Griffon" finally floated upon the waters of Niagara river in May, In the Detroit river, at or near the site of the city of Detroit, the vessel found the men under Tonty and took them abroad. Hennepin's description of the Detroit, Lake St. Clair, and St. Clair river country stated that a Huron village was located on the banks, where Detroit now stands, and that it had been visited by the missionaries and by coureurs de bois although no settlement had been made there.
The "Griffon" continued on to Mackinac whence it went to Green bay. At that point, it was loaded with furs and sent back but was lost in a storm without trace in the northern part of Lake Michigan. The loss of the "Griffon" was the first naval disaster of the Great Lakes and was the first of a long list of such maritime catastrophes. Learning of the loss of his vessel after he had reached a point near what is now La Salle, Illinois, La Salle erected a fort, named it Crevecoeur Broken Heart and started for Canada with a part of his men, the rest being left at the fort near the mouth of the Illinois river.
Those left behind under Father Hennepin attempted a trip of exploration, proceeding by canoe to the Mississippi, and thence upstream. On April 11, , they were captured by Sioux Indians near the mouth of the Wisconsin river and were taken up the Mississippi to St. Anthony's falls, so named by Hennepin, where they were rescued by Du Luth and sent to Quebec where they arrived in November.
After a lapse of three years, La Salle again embarked upon an expedition having the same object as the previous one. This time the Mississippi was descended to its mouth, and on April 9, , La Salle formally claimed the land drained by the Father of Waters and its tributaries for the French crown, giving the vast area the name of Louisiana in honor of the French king.
Before the expeditions of La Salle claimed the attention of the New World, an important event had occurred at Michilimackinac, an event that can not be disregarded in the consideration of Detroit history, for in the year , on the fourth of June, France took formal possession of the region of the Great Lakes, so that Detroit was in reality a part of the French possessions in America. Marie on that day. That France felt such a step necessary was actuated by the activities of two Frenchmen at Hudson Bay in the employ of the English, who were drawing much of the Indian trade to that region.
To offset the operations of Radisson and Groseilliers, who called into being the Hudson's Bay company that eventually supplanted the French in the north, the Intendant of New France authorized the ceremony at the Sault, and in the arrangement of this undertaking, Nicholas Perrot was the principal person involved.
He had won renown as an interpreter and a friend of the Indians. He had frequently been sent as an emissary to new tribes to solicit their friendship for the French, and his efforts in this direction had met with singular success. He had been intermediary between warring tribes and his journeys through the Northwest had made him a familiar figure to all the tribes of that region.
When, in preparation for the event at the Sault, he solicited the attendance of his Indian friends, the chiefs of the Pottawatomi, Miami, Sauk, Menominee, and Winnebago tribes agreeing to be present.
The chiefs of the Fox, Mascouten, and Kickapoo nations declined. When Perrot arrived at Sault Ste. Marie, he found, in addition to those Indians that accompanied him, representatives from the Kilistinons and Monsonis from Hudson Bay, from the Beavers and Nipissings from the head of Lake Superior, and from the Chippewas who lived near the Sault. Present at the ceremony was Father Marquette who had lately founded the mission at Mackinac straits.
The establishment of this post at such a strategic point as St. Ignace on the straits by theJesuits doubtless had a real effect upon the history of Detroit. Father Dablon, head of the Jesuit missions in this territory had established one on the island of Mackinac in , but Marquette, when he was placed in charge, removed it to Point St. Ignace where it remained until the French fort was finally removed to the mainland on the south side of the straits. Before the establishment of the French garrison at Mackinac, the Jesuits had won the love of their Indian charges.
The priests realized to the full that liquor of any kind was extremely harmful to the Indian character, and for this reason they had barred the sale of liquor to the savages in the vicinity of the missions. Sometime between the sailing of the "Griffon" from Mackinac and the coming of La Durantaye as commandant in , the French had established a garrison on Mackinac, and from that time forward, the relations between the Jesuits and the Indians assumed a different aspect.
No more was the Black Gown, who spoke of the great love of Onontio, the loved leader of the peaceful Indians gathered in the shadows of the mission church; he was now an obstacle in the way of their getting all the firewater that they wanted. Letters of the time show that the commandants at the fort and even the men themselves began trading with the Indians, using brandy as the medium of exchange.
Though the illicit traffic was conducted under the rose for a time, the Jesuit fathers were soon declaring that "cabarets" had been established for the open sale of brandy and whiskies. In vain the heads of the order in New France appealed to Frontenac for the suppression of the evil, yet through the court in France they won a victory that resulted in a partial suppression of the dispensing of brandy to the Indians, who, unable to satisfy their inordinate craving for the intoxicants, directed their displeasure against the Jesuit fathers.
The joy of the priests in their victory was short lived, for in there came to Mackinac as commandant one Antoine de la MotheCadillac, an avowed enemy of the Society of Jesus and one strongly in favor of satisfying the demands of the Indians for the brandy that was their undoing.
Despite the reversal of royal decree, the Jesuits still waged an uncompromising war against the traffic. So active was Father de Carheil, missionary at Mackinac during Cadillac's regime, that the military commander set upon the plan of depopulating Mackinac to defeat the aims of the detested Jesuits. In , persuaded by the forceful Cadillac, the Hurons and Ottawas followed the Frenchman to the head of the Detroit river to establish a new settlement, and the once bustling missionary center at Mackinac became almost as deserted as in the years before its establishment.
Father de Carheil, who had labored in vain against the all-powerful grip of brandy on the Indians, soon after burned the chapels and returned in sorrow to Quebec. From Dollier, Galinee, and Father Hennepin he had learned of the advantages and the beauties of the Detroit river country. In , Fort St. Joseph had been built at the head of the St.
Clair river by Du Luth under orders from Denonville, and though the fort had been abandoned shortly after its erection because of the victories of the Iroquois Indians against the French, Cadillac decided to place his fort and colony on the Detroit river.
To his mind the proposed site held forth even greater possibilities than that formerly occupied by Fort St. Joseph, and concerning the matter, he wrote to Frontenac as follows: "However well chosen was the position of Du L'hut's trading fort at St. Joseph, I have in mind a better site. Dollier and Galinee, and later La Salle, followed up this connecting chain of waters from Fort Frontenac. They found it as richly set with islands as is a queen's necklace with jewels and the beautifully verdant shores of the mainland served to complete the picture of a veritable paradise.
Especially attractive was the region lying south of the pearl-like lake to which they gave the name of Ste. Clair, and the country bordering upon that deep, clear river, a quarter of a league broad, known as Le Detroit. I have had from the Indians and the coureurs de bois glowing descriptions of this fair locality, and, while affecting to treat their accounts with indifference, I made a note of it in my mind.
The islands are covered with trees; chestnuts, walnuts, apples and plums abound; and, in season, the wild vines are heavy with grapes, of which the forest rangers say they have made a wine that, considering its newness, was not at all bad.
The Hurons have a village on Le Detroit; they see, according to their needs, its advantages. Michilimackinac is an important post, but the climate will ever be against it; the place will never become a great settlement. LeDetroit is the real center of the lake country-the gateway to the West. It is from there that we can best hold the English in check. I would make it a permanent post, not subject to changes as are so many of the others. To do this it is but necessary to have a good number of French soldiers and traders, and to draw around it the tribes of friendly Indians, in order to conquer the Iroquois, who, from the beginning, have harassed us and prevented the advance of civilization.
The French live too far apart. Moreover, the waters of the Great Lakes pass through this strait, and it is the only path whereby the English can carry on their trade with the savage nations who have to do with the French. If we establish ourselves at Le Detroit, they can no longer hope to deprive us of the benefits of the fur trade. The new governor was little impressed with Cadillac's plan to establish a new fort and settlement that would offer an insurmountable obstacle to the advance of the British and the depredations of the dreaded Iroquois.
Failing of gubernatorial support, Cadillac went to France and laid his plan before Louis XIV himself, received royal sanction, and returned to New France with the authority to establish a post at such a place as he chose. Affixed to the commission he carried was the signature of Count Pontchartrain, minister of marine, with the approval of the king. Cadillac was also granted 1, livres for the support of himself, wife, two children, and two servants in addition to a tract of land fifteen arpents square.
At Montreal, where he arrived in the spring of , he made arrangements for the establishment of the post, enrolled Frenchmen and as many friendly Indians, and secured the following officers to aid him in the undertaking: Captain Alphonse de Tonty; Lieutenants Chacornacle and Dugue; Sergeant Jacob de Marac; Sieur de l'Ommesprou; Fathers Constantine de l'Halle, a Recollect, and Francois Valliant, a Jesuit; and Francois and Jean Fafard, interpreters.
At last all arrangements were completed. To avoid offending the Iroquois who were opposed to any exploration of Indian lands, the route selected was the old one up the Ottawa river to Lake Nipissing and the French and Pickerel rivers to Georgian bay, thence down the shore of Lake Huron to the St.
Clair river and thus to Detroit. On June 2, , the start was made. Reaching Georgian bay, the twentyfive canoes that composed the flotilla, crossed directly to Lake Huron and passed down the east shore of the lake to the outlet. Descending the St. Clair river, Lake St. Clair, Cadillac passed the present site of Detroit and continued on to Grosse Ile where camp was made on the evening of July 23, The following morning Cadillac and his men went slowly back up the river, closely examining the shores for a likely place for the location of the post.
Finally, a piece of ground near what is now the foot of Shelby street became Cadillac's choice for the site of the fort. The spot was well chosen. The bluff ended suddenly in a round topped hill around whose base flowed a little stream some twentyfive feet wide and about ten feet deep, which flowed parallel to the Detroit river for some distance from the mouth.
Thus protected on three sides by water, situated on a promontory at the narrowest part of the strait, the fort proposed by Cadillac would seem almost impregnable when built in the most approved military manner. When a meal was eaten, the woodsmen seized their axes and fell to work to clear a place for the fort and to trim the trees thus cut to be used in the construction of the buildings and the stockade.
The largest logs were set aside for the church of Ste. The smaller logs were cut into twenty-foot lengths and sharpened at one end to be used for the stockade that would surround the fort and the embryo village. The technical knowledge of Captain Alphonse de Tonty, who had traveled with La Salle, now came into use in the laying out the lines of the fort and stockade according to the best practices of military engineering of the day. The stockade marked out, the Recollect priest and the Jesuit selected the site for the church of Ste.
The logs for the church were set on end, being sunk four feet in the ground. The early buildings of Detroit were all made in this same way instead of in the conventional manner of laying the trunks horizontal, one on top of the other, and mortising the ends at the corners of the structure.
On the next morning, mass was said within the walls of the new church, although it was not then completed. Cadillac caused the streets of the new settlement to be laid out on true north and south lines and east and west lines, so that the line of the original stockade ran from a point on the present line of Griswold street to a point near Wayne street, but since the present streets of the city do not run due north and south or east and west at that place, the courses of the modern streets do not coincide with those of the old thoroughfares of the original settlement.
The south side of the stockade ran east and west paralleling the edge of the bluff and the north side was on the bank of Savoyard river. When work was resumed the next morning, curious Indians of the vicinity gathered in the edge of the forest to watch the proceedings. The interpreters convinced them that the objects of the white men and the Canadian Indians were peaceful and that the French wished the Indians to settle in the neighborhood of the fort where they could bring furs and game to sell.
The Indians were satisfied with the arrangement, and many of them at once took to'their canoes to get fish to sell to the newcomers. By September 1, the stockade was completed and the brass cannon were mounted on a platform overlooking the river. In honor of the French minister of marine who had been responsible for Cadillac securing a commission to establish the post, Cadillac christened the fort Pontchartrain. Within the enclosure, which comprised an area of about thirty-seven acres, Cadillac had several buildings of various kinds erected, among them being an icehouse, a barn, a warehouse, and other smaller buildings of varying sizes.
The other inhabitants built their own cabins of logs by thrusting logs upright in the ground in the same manner as the stockade, the church, and other buildings had been constructed. But the affairs of the embryo settlement were not destined to run smoothly, for about this time arose the trouble concerning the fur trade of the western territories.
Not long after Cadillac had left Quebec to establish his post at Le Detroit, the French concluded a treaty of peace with the Iroquois which opened the lake route to the west. Cadillac had acquired the rights to such a concern that had been formed prior to his leaving Quebec and had obtained the monopoly of the fur trade in the region of the Detroit river. Furthermore, he had made every effort to collect the Indians about him in order that they might be under his domination.
The Company of the Colony of Canada was then formed to break the power of Detroit's founder, and as a part of the scheme to ruin him, the company took steps to discredit him in the eyes of the king. Governor Calliers, over whose head Cadillac had gone to secure permission to found the post at Detroit, had formed a strong dislike for Cadillac and had sanctioned the organization of the company.
Further, he had taken from Cadillac powers granted him by the commission of the king to be the exclusive trader over the Fort Frontenac and Detroit districts. The consent of the king was gained and the contract of the company was finally concluded at Quebec in October, According to the terms of this instrument, the posts of Detroit and Frontenac were ceded to the Company of the Colony which was to keep the buildings in repair, conduct the fur trade exclusively, support the commandant and one officer of the garrison of soldiers that would be maintained by the French government at Detroit, and the soldiers were in nowise to engage in the fur traffic either with the Indians or with the French soldiers.
Of all this, Cadillac knew nothing until July 18, , when Radisson and Arnault arrived at Fort Pontchartrain to take charge of the affairs of the Company of the Colony and presented their credentials as overseers and a copy of the contract of the company for Cadillac's inspection. The news came as a shock.
Three days later, the proprietor set out for Quebec in the hope that he might secure a modification of the contract or persuade the directors of the company to make an arrangement whereby he would have at least a partial control of the post which had come into being through his foresight and initiative alone. His efforts in this direction were wasted, and in the autumn he again turned his face toward the west, arriving at Detroit November 6, At Fort Pontchartrain he found a sad state of affairs, for the overseers who had been left in charge of affairs at the post had conducted themselves and their business in a manner that incurred the displeasure of the Indians.
The overseers had commanded that the warehouses be locked and treated the Indians with such insolence that they were about ready to leave the post when Cadillac returned. Since he had treated them as though he trusted them implicitly, the Indians liked and respected him, but his influence among them waned when they saw that he was now subordinate to the two overseers. Cadillac continued as commandant of the post at a salary of 2, livres a year although he was not required to bear any of the expense of the garrison, but from that time on, he was constantly embroiled in various quarrels with the agents and clerks of the company.
Cadillac was not always as severe, it would seem, as he had a right to be. When nine of the poorly paid soldiers deserted and later returned they were pardoned by the commandant; when Tonty entered into a conspiracy with the Jesuits to establish a rival post at Fort St. Joseph and was detected in the scheme, he also was pardoned by Cadillac. Tonty's good behavior continued but a short time, for he and a commissioner of the company were detected in the theft of goods of.
The furs thus secured were confiscated by Cadillac, who prepared charges against the offenders and forwarded the papers to Marquis de Vaudreuil, governor. It so happened that the commissioner named in the charges with Tonty was a relative of the governor and a friend of many of the directors of the company. Countercharges were brought against the commandant who was required to appear before the governor and intendant for trial in the fall of Though acquitted, Cadillac was refused permission to return to Detroit whereupon he appealed to the colonial minister at Paris, from whom Cadillac received instructions to lay his case before Count Pontchartrain.
Vaudreuil, knowing that the minister of marine was a friend of Cadillac and had been responsible for the establishment of the Detroit post, then granted Cadillac permission to resume command of Detroit. Smarting under the abuse and injustice received at the hands of the company officials, Cadillac would now be satisfied with nothing short of a complete vindication of his course of action and to Pontchartrain he betook himself.
The minister, after a painstaking examination of the evidence, decided that the commandant of Detroit had done "all that could be expected of a faithful officer and an honest man. By its terms, Cadillac was to bear the expense of supporting the post, was to supply the company with beaver skins not exceeding twenty thousand livres a year, was not to trade at any point on the lakes except at Detroit, was to pay for the merchandise on hand at the post, and was to abide by the decision of Pontchartrain as to whether or not he should pay for the buildings erected at the post by the company.
While victory seemed to crown the efforts of Detroit's founder at last, in reality this was but the first step in his ultimate ruin. Pontchartrain, in France, was unable to prevent the intrigues and annoyances against Cadillac as he had promised. Under the direction of Cadillac, Detroit was rapidly becoming a colony that bade fair to rival even Montreal as a trading center. The industrious proprietor had gathered to the vicinity the Huron, Ottawa, Miami, and Wolf Indians; inducements to Canadians were offered by the commandant; and he encouraged his soldiers to take Indian wives.
The victory of the company was complete when in the spring of he was relieved of the command of Detroit and appointed governor of Louisiana as a partial consolation for his misfortune. On top of it all, Cadillac's successor at Detroit refused to account for the property which was assessed in as representing an investment of more than , francs, a serious blow to a man who had put in some of the best years of his life at this post.
While Cadillac was in Montreal during the summer of , an incident occurred at Detroit that made relations with the Indians somewhat strained for a considerable time after that. Lieutenant Bourgmont, a man of violent temper, was acting commandant during the absence of Cadillac.
The lieutenant noticed an Indian staring in his window one day, and Bourgmont's dog dashed out and bit the savage on the leg. Naturally the Indian kicked the dog whereupon Bourgmont beat the Indian into insensibility. Bad feeling between the whites and the Indians was thus engendered.
A few days later Bourgmont interfered in a quarrel between the Ottawas and Miamis, ordering his men to fire on the former. The Ottawas decamped, but as they passed the church of Ste. Anne, Father De l'Halle was in the garden of his home by the church. The Indians stopped long enough to kill the good priest, who had written the first records of the church.
A short distance from the fort, a French soldier was also killed by the Indians. Thus Father De l'Halle was the first white man of the colony to fall a victim to the ferocity of enraged Indians. Although lots within the stockade had been taken up before that time, Cadillac was authorized by Pontchartrain on June 14, , to make conveyances of the lands within and around the stockade. Within the fort proper, the lots were twenty by twenty-five feet in size, and the houses erected on them for the soldiers were the property of the commandant.
Outside the fort, the lots were larger and the houses were, of course, the property of the private citizens who erected them. After Cadillac became governor of Louisiana, all grants were annulled and the titles of the land reverted to the crown, furnishing an excellent example of the way in which the French monarch handled the colonial affairs of his empire. While woodsmen and soldiers, together with the Indians, formed the first settlers of Detroit, it was but a short time after the arrival of Cadillac and his men that the first white women came to the rough colony in the Michigan wilderness.
In September, , but three months after the departure of their husbands, that Madame Cadillac and Madame de Tonty started for Fort Frontenac with the intention of joining their husbands in the spring. They could not be dissuaded from taking the route by way of Lake Erie, which, although the treaty with the Iroquois had just been concluded, was considered a precarious route for adventuring whites.
Late in May, , the women, accompanied only by Indians and canoemen, arrived at Fort Pontchartrain, then less than a year old, Madame Cadillac bringing her seven-year-old son Jacques though she left her two daughters in the Ursuline convent at Quebec. To Madame Tonty was born a daughter, the first white child to be born in Detroit, although the date is not exactly known, and the first baptism recorded is that of Marie Therese, daughter of Cadillac. The Tonty child was named Therese in honor of Madame de Cadillac.
Families in increasing numbers located here and the stockade was enlarged to include the growing population. At the instigation of Cadillac, wheat had been planted, but the inefficiency of the French agricultural methods made the venture a relative failure, and only enough of the grain was raised to supply the immediate needs of the colony. Indian corn, however, was grown with much more success. Bread for the entire colony was usually made by the public baker, and the surplus wheat, sold to traders and Indians, brought prices ranging from three to twenty-five livres a bushel.
During all this time, and until the year , the trade of the post was controlled by the commandant. The system became more and more distasteful as time went on, and when Deschaillons assumed charge of the settlement's affairs, trade was made free.
By that time, the population of Detroit and environs numbered some thirty families, and so low had sunk the fortunes of the once promising village that it was officially proposed that the post be abandoned provided that the holders of the trading licenses sell them for livres. Free trade conditions brought a revival of the trade at Detroit and the vital statistics kept during the French regime show that after that happy rearrangement of affairs the population of the village increased largely over what it had been after the departure of Cadillac.
Trouble with the Indians had not been unknown during all this time. Detroit before the advent of Cadillac had been uninhabited and regarded by the Indians of the east and the west as neutral ground between the Iroquois and the western tribes. Finding that the periodic tribal wars of the Indians injured the fur trade considerably, the French moved to stop the regular scalping parties that proceeded against the enemy tribes. The Indians, however, protested that war was necessary to keep the young men brave.
The French reply to this was to the effect that the Indians in French territory, if they felt it necessary to make war, should direct their attacks against the natives of the Mississippi valley with whom the French did not trade. With this the Indians were satisfied, and it thus became the custom that every spring witnessed war parties of the Ottawas and Hurons leaving Detroit for expeditions against the Tetes Plattes, as the French called the Indians of the Mississippi valley.
Uncompromising opponents of the progress of the French had been the Fox Indians of Wisconsin whom even Nicholas Perrot had left strictly alone after his first attempt to conciliate them. The Foxes had declined to be a party to the ceremony of taking possession of the Northwest territory in , and against the French they had directed their active hatred.
Had their numbers been in thousands instead of hundreds, they would doubtless have driven the French from the forests of the lake region. Over a period of some fifty years, the war continued; the battlefields of the Fox and French were found in Wisconsin, Illinois, Michigan, and even Iowa. Time and again the French launched campaigns against the enemy which they apparently defeated only to find that the crafty and stubborn Fox was soon ready to continue the fight.
Rumors had been current for some years that the restless Foxes intended removing to the Wabash Valley to make their new home where the advance of the French in that direction could be easily prevented. They made no move, however, until , when suddenly they with their kinsmen and allies, the Mascoutens, Kickapoos, and remnants of the Sauks appeared before the post at Detroit after the Ottawas and Hurons had departed for their spring forays in the lands of the Mississippi region.
Close outside the gates of the settlement, the unwelcome visitors pitched camp, declaring that their objects were peaceful, a statement that seemed true for the Foxes had brought their women and children, something they never did when they were on the warpath.
The French commander protested against their proximity but the Indians paid his admonition no heed. To the contrary they daily became more insolent, helping themselves to the fowls and domestic stock of the French. With the return of the Ottawas and Hurons, whose return had been expected by the Foxes, there came a demand for war from the Indian allies of the French.
Dubuisson, commandant, finally yielded to the demands of the Indians and ordered preparations to be made for the attack upon the Fox and their allies. On the eve of the battle, a large force of Pottawatomi, Menominee, Osage, Illinois, and Missouri Indians arrived to strengthen the forces of the French.
Almost at once, as soon as the decision had been made to go to the attack, the stockade of the Foxes was assaulted. For nineteen days the siege continued, but at the end of that time, the Foxes, exhausted and thirsty, offered to surrender provided that the women and children should be saved. The Fox chiefs were dismissed by the French without any answer whatever and the fighting was resumed.
On the evening of the nineteenth day, a violent storm arose during which the Foxes escaped from the stockade and fled to Presque Isle near Lake St. Emboldened by the flight of the Foxes, a party of the attackers made a bold assault and were annihilated. Warned by this, the French and their allies again settled down to a long siege and at the end of the fourth day, the Foxes and Mascoutens and Sauks surrendered at discretion.
No mercy was shown the captives, all of whom were put to death with the exception of who had escaped during the turmoil of battle. The Fox had not been annihilated, however. At Green Bay was another party of two hundred warriors, among the Iroquois, Sauk, Mascouten, and Kickapoo tribes were others, so that when they learned of the massacre of their tribesmen, they rallied around the one hundred survivors and again turned their attention to the business of making war against the French.
In they killed a Frenchman named l'Epine near Green Bay; three Frenchmen and five Hurons fell under the Fox scalping knife in the very shadow of Fort Pontchartrain; and soon after five Frenchmen carrying grain to Mackinac were slaughtered by a Fox war party. Such desultory fighting was not, however, to the taste of the Fox, who, as crafty as he was brave, employed statecraft in a way as to give the French no small concern.
The Foxes had already formed an alliance with the powerful Iroquois. Now they combined with the Sioux, their ancient enemies, to make war against the Illinois, friendly to the French and controllers of the only remaining route from Lake Michigan to the Mississippi. Slowly but surely the Illinois were driven eastward, and the French saw that the route to the Mississippi bade fair to be closed to them.
The English were already gaining a foothold on the Ohio that presaged ultimate exclusion of French trappers and traders; the Fox and Wisconsin rivers route to the Mississippi river was held by the Foxes. With the final avenue of commerce being slowly closed, the French had two alternatives, that of establishing free trade in furs, that would bring most of the Indians back to the French cause, or the course of making war against the Foxes, an undertaking which had met with only temporary success in the previous attempts.
A war of extermination was decided upon by the French, a war in which Detroit was to be the base of operations and was to supply Indians and men for the campaign. The arrangements went wrong and the war was postponed for another year. In , a force of men, of which more than were French, equipped with artillery and military stores, attacked the Fox stockade at Little Butte des Morts on the Fox river near Neenah, Wisconsin.
After a siege made remarkable by bitter fighting, the Foxes again averted annihilation by surrender. The terms of the treaty of peace stated, among other things, that the Fox must return to the Illinois all the slaves of the latter tribe that they had captured. Upon this point hinged the defection of the Foxes, who used the excuse to start another war that though they had returned the Illinois slaves, the latter had not released the Fox slaves. The Fox Indians worked so craftily that they won to their cause many of the Winnebagoes, Sauks, and Menominee, who had been staunch allies of the French up to this time.
War flamed anew between the Foxes and their friends and the Indian allies of the French, and with this, the French began their war of extermination in earnest. More relentless and unmerciful even than the Indians were the French who directed the ceaseless campaigns against the Foxes.
One by one the Fox nation lost its allies; each new battle depleted the ranks of the Fox braves until but a few tens of them remained. Still the valiant Fox continued to wage his losing fight with the same bitterness and ferocity that had characterized his warfare in the heyday of his tribal life. To the last, the Fox nation opposed the French; to the last the French entertained a wholesome respect for the savage Wisconsin tribe, which despite the fact that its numbers were now pitifully few, supported the British in the expulsion of the French from the Northwest Territory.
A feud arose even in the ranks of the friendly Indians gathered around Detroit that caused the commandants considerable anxiety. It happened that a Huron, while on the annual spring raiding journey against the Tetes Plattes in the Mississippi Valley was wounded and captured by his enemies. Instead of torturing the Huron, the captors nursed him back to health. He was then sent back to the Huron tribe at Detroit, who, when they learned of the unwonted kindness of the Tetes Plattes, informed the Ottawas that they would no longer take part in the spring raids against the western tribes and asked that the Ottawas do likewise.
The latter, however, prepared to make their usual foray in the spring of , but messengers from the Hurons warned the Tetes Plattes of the approaching danger. The Ottawas finally found a party of the enemy encamped in the woods and prepared to make a night attack. The cry of an owl warned the Flat Heads that danger was close and they attacked the Ottawas with considerable loss to the latter, for the Flat Head band was very much larger than the Ottawa party.
As the Ottawas were returning to Detroit, they concluded that the Hurons must have warned the sleeping camp of the Ottawa approach. The survivors communicated the circumstances to those at Detroit and it was decided that the Hurons must be punished. The priests were unable to dissuade them from the threatened attack and removed the Hurons to a camp near Sandusky, Ohio. After four years, the Hurons were taken to Bois Blanc Islands at the straits.
There the Hurons remained another five years until the feeling between the two tribes had cooled sufficiently to allow the Hurons to be returned to Detroit. French Commandants. In such troublous times as these, Detroit remained under the rule. The successor to Cadillac was Pierre Alphonse de Tonty, with whom Cadillac had had considerable trouble for his captain's dishonesty. Tonty, Baron de Pauldy, was the son of Laurent and Angelique de Liette de Tonty, the former of whom is credited with being the originator of the Tontine insurance.
His older brother, Henri, was the lieutenant of La Salle in the expedition that explored the Mississippi river. Alphonse de Tonty was born in As an associate and close friend of Cadillac, he accompanied the latter to Detroit in as the second in command of the new post. When Cadillac was called to Montreal in , Tonty assumed command and took it upon himself to sell powder to the Indians, and he also became engaged in the embezzlement of furs with the agent of the company at Detroit.
Cadillac, discovering the duplicity of his most trusted friend when he returned, asked that Tonty be removed,a wish that was granted. Though Tonty had lost his official prestige at the post, he remained to further discredit his superior in the eyes of the Indians. When Cadillac returned to Detroit in , Tonty, it appears, was granted a pension of 6, livres a year for his services in the new country. In July, , Tonty received the appointment of commandant of the post at Detroit. The commander was then required to pay the expenses of the post from his own pocket, expenses that included salaries for the missionary, the soldiers, a surgeon, and an interpreter, and the operating expenses of the garrison and trading department.
Tonty borrowed from Francois Bouat the amount of 26, livres, 18 sous, and 4 derniers in order that the trade with the Indians might be started on a substantial basis. Worried over the size of the debt thus contracted and with his poor success at Indian trading, Tonty turned over the trading to Francois La Marque and Louis Gastineau for an annual consideration sufficient to pay the expenses of the post.
These two men in turn took in three partners, Nolan, Thierry, and Gouin. Dissatisfaction arose among the Indians at the post. During the administration of Cadillac it had been the custom for about twenty stores to operate at the post, but under Tonty only two stores were maintained and both of these were owned by the same persons. The results of such a system are obvious. With no competition for the trade of the Indians, prices increased to a prohibitive point.
Many Indians left the post; French and Canadians also left through dissatisfaction with the way in which things were being run. Complaints by both Indians and French were then lodged against de Tonty, and during the winter of , he was called to Quebec to answer them.
Sieur de Belestre was commandant during that winter. Francois La Marque, who had purchased certain rights at Detroit from Cadillac, was forbidden by Tonty to come to Detroit to attend to his interest. La Marque then brought charges against Tonty who was again called to Quebec in Marquis de Beauharnois became governor of New France in , and at that time Tonty made another trip to Quebec to welcome him and to make recommendations for the improvement of the post.
The new governor was not impressed with Tonty. The Hurons at this same time threatened to leave Detroit for the region of the Maumee river unless a new commandant were sent to Detroit. Such action on the part of the Hurons showed the governor that such a course on their part would leave the trade of the Detroit region open for exploitation by the English, and as a result, Beauharnois informed the indignant Hurons that Tonty's term would expire the following spring and that they should have a new commandant in his place.
Early in , therefore, Tonty was relieved of the command which had been the victim of his maladministration. Francois de la Forest, or La Foret, was actually the second commandant at Detroit. He was born in Paris, France, in , and was commissioned a major of marines soon after attaining man's estate. He was placed in command of Fort Frontenac in and was instrumental in bringing the Indians to Montreal when the treaty between the French and the Iroquois was concluded.
When Frontenac was removed from office as governor, his successor took over La Salle's post of Fort Frontenac and refused to allow La Foret to remain. Returning to France to protest against such unwarranted confiscation of his employer's property, La Foret was successful in obtaining orders commanding the governor to restore Fort Frontenac to La Foret as La Salle's representative and to assist in the maintenance of the establishment at that post.
Louis in the Illinois country. In , he was sent to Michilimackinac with men and after some time as second in command there went to Quebec where he was married in November, , to Charlotte Francoise Juchereau, a wealthy widow.
On September 25, , he became commandant of Detroit to fill that post during the absence of Cadillac. After but a few weeks in that capacity, Cadillac returned and had a difference with La Foret that caused the latter to return to Quebec. Although he was appointed in to command the post as successor of Cadillac, he sent Dubuisson to administer the affairs until the summer of At that time, he came to Detroit and appropriated Cadillac's property to the amount of about , livres and never accounted for it.
On October 16, , he died at Quebec. Sieur de Bourgmont, whose tactless actions in were responsible for the Indian troubles of that year at Detroit, was acting commandant for a period of six or seven months beginning about the first of that year. He was a braggart and a bully who had no knowledge of the Indian character, and the policy he adopted in handling them brought upon his head the bitter enmity of the tribes gathered around the post. Before the arrival of Cadillac, Bourgmont deserted with a number of soldiers, taking with him a woman named Tichenet with whom he had illicit relations for some time.
Though French soldiers hunted the deserters for some months only one man was found, he being brought back to Detroit, court martialed and shot. Nothing more was heard of the deserting commander until when he asked the French court by letter to give him 2, livres for presents for the Missouri Indians with whom he had been living since his desertion from Detroit.
In he was commissioned to lead an exhibition to make peace with the Indians of New Mexico and to establish a post on the Missouri river.
GEMINI CRYPTO CUSTODY
Levan, So. Burkhart, Ind. Nemitz, N. Orgler, N. Hovis, Pa. The typical explanation for this rule is given in Orgler v. The hypothetical tax is simply too speculative to permit a reduction in value. In such a circumstance, the ex-spouse is able to demonstrate the present tax consequence.
Further, distribution of the net value in such a circumstance best attains an equitable distribution of the asset. There is no evidence in the record that Mr. Bettinger intended or was required to sell his stock interest in order to pay Mrs. Bettinger her proportionate share of its value.
As we have already pointed out, payment of Mrs. Bettinger's interest is being made in monthly installments. Consequently, there was no basis for reducing her share by way of a purported tax liability. Bettinger's share in her husband's stock to be paid in equal monthly installments without interest. She argues that a lump sum payment should have been ordered or, at the very least, interest should have been ordered paid on the installments, citing Cross v.
In Cross, we dealt with another type of marital asset, a husband's pension, and expressed a preference for a lump sum payment, but recognized in Syllabus Point 5 that other options were available: "When a court is required to divide vested pension rights that have not yet matured as an incident to the equitable distribution of marital property at divorce, the court should be guided in the selection of a method of division by the desirability of disentangling parties from one another as quickly and cleanly as possible.
Consequently, a court should look to the following methods of dividing pension rights in this descending order of preference unless peculiar facts and circumstances dictate otherwise: 1 lump sum payment through a cash settlement or off-set from other available marital assets; 2 payment over time of the present value of the pension rights at the time of divorce to the non-working spouse; 3 a court order requiring that the non-working spouse share in the benefits on a proportional basis when and if they mature.
Bettinger appears to recognize that Mr. Bettinger has no readily available cash or other asset to offset for her interest in the corporation. She maintains that Mr. Bettinger could borrow sufficient funds to pay the amount owed. We note initially that W. Code, d 7 A through E , contain a variety of options that are available to the trial court to provide for payment of a party's equitable distribution share. Code, e , that gives "preference to effecting equitable distribution through periodic or lump sum payments[.
Where there are substantial nonliquid assets that are subject to equitable distribution, there may be no other recourse than for a trial court to order installment payments for a spouse's share. Here, Mr. Bettinger's stock and pension and profit sharing plans had no liquidity and constituted sizeable obligations. Consequently, we conclude that the circuit court did not abuse its discretion in ordering periodic payments on the equitable distribution asset involving his stock.
However, we agree with Mrs. Bettinger's alternative claim that she be given interest on the unpaid balance. We recognized in Cross that where monthly payments were made on a wife's share of her husband's pension, she should get "interest over [the] term of years" that it was payable. Other courts have recognized that where the value of an equitable distribution asset is payable over a term of years, interest should be paid at the going rate in the absence of some special hardship factor shown by the obligor.
Collier, 36 Ohio App. Lien, N. Ovens, 61 Wash. Corliss, Wis. In Lien, the South Dakota Supreme Court gave this explanation of the rule: "Each party is entitled to their respective property as of [the judgment] date. There were no special circumstances shown in this case to warrant not awarding interest on the deferred payments. Interest should be awarded on remand.
This type of plan consists of making periodic contributions to a fund by the employee, the employer, or both. This money is invested and each employee's account is credited with the contribution made plus the earnings made on the contributions. Retirement benefits are paid based on the accumulated contributions and earnings in the employee's account.
This arrangement is analogous to a savings account except there is no automatic right of withdrawal before retirement. Johnson, Ariz. His pension account was vested, i. Most courts hold that the valuation for equitable distribution purposes of a vested defined contribution plan is the present actual value of the contributions made and the accumulated earnings thereon. Johnson, supra; Berry v. Duncan, S. Laffitte, So. Bloomer, 84 Wis. His expert had discounted both pension amounts by 29 percent.
This discount was apparently based on his view that since the funds could not be paid until Mr. Bettinger's retirement in the year , a discount to present day value was appropriate. The fallacy in this position is that the expert used the present day values as if they would be the value of the funds on the retirement date. The expert's position ignored the fact that the present values would continue to increase through contributions and earnings to the year when Mr. Bettinger would be sixty-five.
If he had taken these latter figures, then a discount to present day value would have been appropriate. We find that the trial court erred in discounting the present value of the pension and profit sharing plans.
Upon remand, Mrs. Child Support Mrs. Guidelines for Child Support Awards, 6 W. These rules were promulgated by the director of the Child Advocate Office pursuant to authority delegated by the legislature in W. Code, 48A a Code, 48A a , as amended. We concluded that the trial court erred in not following the formula and in failing to comply with the statutory requirement that if the guidelines were not followed to set forth "in writing, specific reasons for not following the guidelines in the particular case involved.
In the present case, the claim is made that with Mr. Bettinger argues that the formula is not to be used in this case and points to 6 W. Under such circumstances, the court shall equitably determine the SOLA support obligation so as to avoid a windfall to either support obligor or a hardship on either support obligor, and shall be cognizant of the fact that an excessive amount of SOLA support may not be in the best interests of the child or children.
Under the child support formula, there are two calculations for child support. The first calculation is to determine the primary child support, which essentially covers the basic needs of the children. The SOLA calculation is then made based on defined percentages for the number of children.
We do not read this section to mandate an absolute bar to use of the formula. We note initially that the language is "the court or master may not apply the percentages set forth in this section. Whyte, W. Second, the reference is to the SOLA part of the formula since this is the area where percentages are used.
Under 6 W. Nothing in 6 W. Indeed, the use of the term "discretionary income" in this section clearly indicates that the primary support obligation has been calculated. The term "discretionary income" under 6 W. It seems clear that 6 W. A decision not to follow the SOLA percentages must be undertaken in light of the legislative preference in W. Code, 48A b , which is that child support should be keyed to "the level of living which such children would enjoy if they were living in a household with both parents present.
As we have earlier pointed out, the primary child support obligation amount must be calculated first. In view of the absence of an appropriate factual record on the child support calculation, we remand for an appropriate calculation under the principles set out herein.
Alimony Award Mrs. First, she believes it is inadequate in view of her husband's income. Second, she also asserts that an award for only five years is akin to an award of rehabilitative alimony and that there was no showing that she met the criteria of Molnar v. Again, we are faced with a record that fails to set out the reasons that alimony was granted in this amount and in this form. Code, b , the legislature set forth a number of factors that should be considered in making an award of alimony.
Molnar, supra, that a broad inquiry must be made: "There are three broad inquiries that need to be considered in regard to rehabilitative alimony: 1 whether in view of the length of the marriage and the age, health, and skills of the dependent spouse, it should be granted; 2 if it is feasible, then the amount and duration of rehabilitative alimony must be determined; and 3 consideration should be given to continuing jurisdiction to reconsider the amount and duration of rehabilitative alimony.
We find no detailed inquiry in the record with regard to Mrs. Bettinger's ability to engage in remunerative work. She was forty-five years of age at the time of the divorce proceedings and had not worked for ten years at her former profession as an occupational therapist.
Moreover, as we pointed out in Molnar, some courts are reluctant to give rehabilitative alimony where "there are minor children. Citations omitted. While rehabilitative alimony may be ideally suited to a young spouse, it is less suited to an older person who may find his or her age a limitation in a skilled job market. In summary, we find the record inadequate to justify the alimony award and remand this matter for reconsideration under the foregoing guidelines.
We are not advised as to the amount of additional attorney's fees sought. However, it is clear that a considerable amount of legal work was done after November 4, The circuit judge had, on August 5, , reversed the original recommended decision of the family law master. This required additional discovery and hearings, culminating in a new recommended decision on June 16, This decision was subsequently appealed to the circuit court and confirmed on August 12, Code, a 4 , enables a court, which would include a family law master, to "compel either party to pay attorney's fees and court costs reasonably necessary It would appear from Mrs.
Bettinger's exceptions to the family law master's decision of December 14, , that there had been no formal order for the payment of temporary alimony pendente lite. Despite assertions in Mr. Bettinger's brief that his wife had prolonged the litigation and made onerous discovery motions, we do not find the record to bear this out. It is true that Mrs. Bettinger's attorney felt that the original recommended decision of the family law master was erroneous and was successful in having it reversed.
Equally true is the fact that he complained about the final recommended decision which was approved by the trial court. We have, by this opinion, found his appeal to be substantially justified. The purpose of W. Code, a 4 , is to enable a spouse who does not have financial resources to obtain reimbursement for costs and attorney's fees during the course of the litigation. It is unreasonable to expect an attorney to shoulder not only the cost of the litigation, but to conduct the litigation on a no-fee basis unless the client can pay or until it is ended and some fee is awarded.
Here, Mrs. Bettinger was not working, and Mr. Bettinger was earning a sizeable income. The request by Mrs. Bettinger's attorney for additional fees should have been granted. Moreover, since Mrs. Bettinger has prevailed on this appeal, her attorney is entitled to fees and costs for his appellate work. Moreover, as we pointed out in Nagy v. We also observe that in this case the basis for the divorce was one of no fault, i.
There is included within W. Code, a 4 , the right to modify attorney's fees already ordered, which modification may "require full or partial repayment of fees and costs" previously ordered. Ordinarily, before such a modification is appropriate, the court should look to the income of the spouses at the time of the final decree. Other courts have arrived at much the same conclusion. See Weiman v. Weiman, Conn. Tydings, A. Peak, So. This is fertile land, the largest area being the plain of Tarsus.
Mersin has km of coastline, much of it sandy beach. The climate is typical of the Mediterranean; very hot and very humid in summer, warm and wet in winter; the winter rains can be very heavy and flooding is a problem in many areas, but it never snows on the coast, although there is snow in the mountainous areas. Main article: Mersin In antiquity, this coast was part of Cilicia , named for a Phoenician or Assyrian prince that had settled here.
Trade from Syria and Mesopotamia over the mountains to central Anatolia passed through here, through the Cilician Gates.
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