Estta1073064 08/05/2020 in the United States

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1073064 Filing date: 08/05/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91246647 Party Defendant Tetra Capital Management LLC Correspondence M KEITH BLANKENSHIP Address DA VINCI'S NOTEBOOK LLC 9000 MIKE GARCIA DR NO 52 MANASSAS, VA 20109 UNITED STATES Primary Email: [email protected] 703-581-9562

Submission Motion for Summary Judgment

Yes, the Filer previously made its initial disclosures pursuant to Trademark Rule 2.120(a); OR the motion for summary judgment is based on claim or issue pre- clusion, or lack of jurisdiction.

The deadline for pretrial disclosures for the first testimony period as originally set or reset: 10/01/2020 Filer's Name M. Keith Blankenship Filer's email [email protected] Signature /M. Keith Blankenship/ Date 08/05/2020 Attachments MSJ_Motion.pdf(100514 bytes ) MSJ_Brief.pdf(3309682 bytes ) MKB Declaration_Combined_Opt.pdf(6004513 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

U.S. TM App. No.: 88/132,655 Mark: HEADLEY GRANGE

THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY Proceeding No. 91246647 Opposer,

TETRA CAPITAL MANAGEMENT LLC

Applicant.

MOTION FOR SUMMARY JUDGMENT

Upon the complaint, a brief in support of this motion for summary judgment containing a statement in accordance with Rule 56(B) of the Local Rules of this Court, and the declarations submitted herewith, Applicant Tetra Capital Management, LLC moves for an order granting

Applicant summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, on the ground that there is no genuine issue as to any material fact, and that Applicant is entitled to judgment as a matter of law.

Dated: August 5, 2020

Respectfully submitted,

By ______M. Keith Blankenship, Esq. Attorney for Applicant VSB# 70027 Da Vinci’s Notebook, LLC 9000 Mike Garcia No. 52 Manassas, VA 20109 703-581-9562 [email protected]

2 CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing document has been served on counsel for Opposer via email.

James L. Bikoff Smith, Gambrell & Russell, LLP 1055 Thomas Jefferson Street, NW Suite 400 Washington, DC 20007

This 5th day of August 2020

By : ______M. Keith Blankenship

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

U.S. TM App. No.: 88/132,655 Mark: HEADLEY GRANGE

THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY Proceeding No. 91246647 Opposer,

TETRA CAPITAL MANAGEMENT LLC

Applicant.

BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

TABLE OF CONTENTS

TABLE OF AUTHORITIES…………………………………………………………………….1 STATEMENT OF THE ISSUES PRESENTED………………………………………………...3 INTRODUCTION……………………………………………………………………………….4 BACKGROUND AND UNCONTESTED FACTS……………………………………………..6 ARGUMENT…………………………………………………………………………………….11 I. HEADLEY GRANGE V. THE GRANGE FAMILY OF MARKS…………………………..11 A. The Mark The Grange, Irrespective of Notoriety, is Weak …………………….…...11 B. The Grange Cannot “Bridge the Gap”……………………………………………….14 C. The Grange’s Notoriety Works Against It…………………………………………...15 D. Grange’s Notoriety Precludes Likelihood of Confusion Concerning “Speculation” Services………………………………………………………………….16 E. It is Appropriate to Hold The Grange to Its Representations………………………..18 F. Maybe Two Out of Three Is Bad……………………………………………………..20 II. HEADLEY GRANGE V. HEADLEY GRANGE…………………………………………...20 A. HEADLEY GRANGE is a Conceptually Weak Trademark For Opposer………..…20 B. HEADLEY GRANGE is a Weak Trademark Overall For Opposer………………..21 III. APPLICANT CANNOT BE SHOWN TO HAVE REGISTERED THE TRADEMARK IN BAD FAITH……………………..…………………………………….……22 IV. CONCLUSION………………………………………………………………………………23

2 TABLE OF AUTHORITIES

Cases

24 Hour Fitness USA, Inc. v. 24/7 Tribeca Fitness,

277 F. Supp. 2d 356(S.D.N.Y. 2003)……………………….………………………….……..12

American Heritage Life Ins. Co. v. Heritage Life Ins. Co., 494 F.2d 3 (5th Cir. 1974)………21

Armstrong Cork Co. v. World Carpets, Inc., 597 F.2d 496 (5th Cir. 1979)………………….21

Arrow Fastener Co., Inc. v. Stanley Works, 59 F.3d 384 (2d Cir. 1995)……………………..12

Boston Red Sox Baseball Club LP v. Sherman, 88 USPQ2d 1581 (TTAB 2008)…………....21

B.V.D. Licensing Corp. v. Body Action Design, Inc., 846 F.2d 727 (Fed. Cir. 1988)………..14

Bristol-Myers Squibb Co. v. McNeil-P.P.C., Inc., 973 F.2d 1033 (2d Cir. 1992)…………....20

Brown v. Piper, 91 U.S. 37, 42, 23 L. Ed. 200 (1875)………………………..………………11

Castle Oil Corp. v. Castle Energy Corp., 26 U.S.P.Q.2d 1481 (E.D. Pa. 1992)……………..12

E. I. DuPont de Nemours & Co. v. Yoshida Internat'l, Inc.,

393 F. Supp. 502, 517-18 (E.D.N.Y.1975)……………………………………………………13

Hair Assoc. v. National Hair Replacement Services, 987 F. Supp. 569 (W.D. Mich. 1997)….12

Haven Capital Management, Inc. v. Havens Advisors, 965 F. Supp. 528 (S.D.N.Y. 1997)…..12

Holiday Inns, Inc. v. Holiday Out in America, 481 F.2d 445 (5th Cir. 1973)………………….21

In re Jack's Hi-Grade Foods, Inc., 226 U.S.P.Q. (BNA) 1028 (TTAB 1985)…………..……20

In re Loew’s Theatres, Inc., 769 F.2d 764 (Fed. Cir. 1985)……………………………………20

John H. Harland Co. v. Clarke Checks, Inc., 711 F.2d 966, 975 (11th Cir. 1983)………….....21

Knights of Ku Klux Klan v. Strayer, 34 F.2d 432 (3d Cir. 1929)……………………………..17

Marshall Field & Co. v. Mrs. Field’s Cookies, 25 U.S.P.Q.2d 1321 (T.T.A.B. 1992)……….13

McGregor-Doniger Inc. v. Drizzle Inc., 599 F.2d 1126 (2d Cir. 1979)…..………………….13

1 Oreck Corp. v. U.S. Floor Systems, Inc., 803 F.2d 166……………………………..……….12

Sidco Ind. Inc. v. Wimar Tahoe Corp., 795 F. Supp. 343 (D. Ore. 1992)…………….….…..12

United States v. Merck & Co., 8 Ct. Cust. Appls. 171 (1917)…………………….………….11

United States Jaycees v. Cedar Rapids Jaycees, 794 F.2d 379 (8th Cir. 1986)……………..18

Statutes and Regulations

TBMP § 528.01……………………………………………………………………………..….11

TBMP § 528.05(a)(1)…………………………………………………………………………..11

Reference Materials

Restatement Third, Unfair Competition § 9(c)(1992)………………………………………13, 20

2 STATEMENT OF ISSUES PRESENTED

I. Applicant’s Headley Grange trademark cannot cause likelihood of confusion with “The

Grange Family” of Trademarks.

II. Applicant’s Headley Grange trademark for Financial Speculation Services cannot cause a likelihood of confusion with Opposer’s Headley Grange trademark for cigars.

III. Applicant Cannot Carry its Burden to Prove a lack of bona fide intent in the

Application for its HEADLEY GRANGE TRADEMARK.

3 INTRODUCTION

A “grange” is a type of farm – or a farmhouse. The perspective that you adopt depends primarily on your frame of reference, whether historical or strictly modernist grammatical.

Irrespective of the perspective, “The Grange” is also a well-known organization that lobbies for, and caters, to rural and agricultural America. Opposer, The National Grange Of The Order Of

Patrons Of Husbandry (“The Grange”) adopted a host of marks, all dealing with services provided to rural America, and when The Grange explains that they have historical significance they are being modest.

The Grange is an organization that shaped history, nationally and regionally. The Grange may have shaped history for the better overall, but in the process they specifically they railed against financial speculation and “jewry” in its various forms. In several well-known instances,

The Grange attempted to make commodity trading a felony. African-Americans were forbidden membership and Chinese immigration was volubly blasted. In an attempt to ensure that its members understood in no uncertain terms, The Grange issued a Ten Commandments that forbade its members from dealing with Jews, middlemen, and any variety of financial speculation.

Applicant, Tetra Capital Management, LLC (“Tetra Capital”) is a financial investment services company that filed an intent-to-use trademark for HEADLEY GRANGE. Headley Grange is a physical place in England – an actual, historical grange. Specifically, Headley Grange is well- known as the place where the band Led Zeppelin wrote and produced its iconic, culture-changing album simply titled “IV.” Headley Grange is a place of inspiration and creativity. The Grange wanted to adopt HEADLEY GRANGE as its cigar brand. Tetra Capital is adopting HEADLEY

GRANGE for a broad range of financial services.

4 The Grange has been on a legal crusade to stop all users of “grange” in trademark parlance.

Thank God the FARMERS brand of insurance did not have the same inflated aspirations. The case law does not support the idea that The Grange family of trademarks can halt all uses of the simply, pre-existing concept of “grange.” The GRANGE mark is simply too weak. And even though the mark has significant notoriety, that notoriety involves decrying financial speculation. Here, their notoriety works against them – and the case law has poignant thoughts on notorious brands being disingenuous. If Opposer believes that its use of HEADLEY GRANGE for cigars precludes

Applicant’s use of HEADLEY GRANGE for financial services, Applicant hopes that this Board agrees with the Examiner below to find this tenuous connection unpersuasive.

5 BACKGROUND AND UNCONTESTED FACTS

Pardon the levity, but if a court should take judicial notice of any fact at issue, it is that Led

Zeppelin rocks! If not that, then certainly this court should take judicial notice that Led Zeppelin is a rock band of widespread, strong appeal to popular culture. Decl. K Blankenship, par. 2. Ranked as the fourteenth most important music act of all-time by popular culture magazine The Rolling

Stone, the following praise sums up the band’s significance: “Heavy metal would not exist without

Led Zeppelin.” Decl. K Blankenship, par. 3. Led Zeppelin is not simply transformative, it could be credibly argued by the world’s seminal music magazine that Led Zeppelin created a genre of music. Decl. K Blankenship, par. 3. More specifically, Led Zeppelin created that genre at a farmhouse in England named Headley Grange. Decl. K Blankenship, par. 2.

“Black Dog,” from Zeppelin IV, is what Led Zeppelin were all about in their most rocking moments, a perfect example of their true might. It didn't have to be really distorted or really fast, it just had to be Zeppelin, and it was really heavy….I heard them for the first time on AM radio in the Seventies, right around the time that “Stairway to Heaven” was so popular.

Decl. K Blankenship, par. 3. “Stairway to Heaven” was such a popular song that the movie

Wayne’s World jabs at the universality of the song among guitar players wherein the protagonist picks up a guitar in a music, begins the first notes of Stairway to Heaven and is immediately halted by the management who points to a prominent sign stating “No Stairway to Heavan.”

Illustration No. 1

Opposer, The National Grange Of The Order Of Patrons Of Husbandry (“The Grange”), has its own notoriety, significant notoriety. The Grange boasts its own entry in many dictionaries as an organization, for example, “One of the lodges of a national fraternal association originally

6 made up of farmers.” “Grange.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/grange. Accessed 3 Aug. 2020. A “grange” is also a farmhouse or farm. The Oxford English Dictionary explains that a “grange” is an outlying farm with tithe barns belonging to a monastery or feudal lord. As in, for example, “Thrushcross

Grange;” and in proper usage: “The farm stands on the site of a large medieval grange.” Oxford

University Press (2020 Grange. In: Lexico.com, [Accessed 08/03/2020].1 “Headley Grange” is such a grange. Decl. K Blankenship, par. 2. The Grange also boasts an encyclopedia entry, but not for the group itself, but rather the movement and practices for which it stood. Decl. K Blankenship, par. 4. Those practices made The Grange notorious.

The Grange was founded on the simple principle that farmers would have greater political power and effect if they united for common causes beneficial to farmers. Decl. K Blankenship, par. 4. The Grange had definite ideas of unacceptable business practices, including volubly railing against “Jews,” speculators, middle men, and other organizations that they considered parasitic.

The Grange has a long, storied history of prejudice and railing against speculation and speculators.

Speculation is the “engagement in business transactions involving considerable risk but offering the chance of large gains, especially trading in commodities, stocks, etc., in the hope of profit from changes in the market price.” “Speculation,” Dictionary.com, https://www.dictionary.com/ browse/speculation (Accessed Aug. 3, 2020) . Speculation was often associated with members of the Semitic race and Jewish religion; and so too did the The Grange. D. Sven Nordin, Rich Harvest:

A History of the Grange (Jackson: University Press of Mississippi, 1974), p. 240 (Reprinted from the Oshkosh Weekly Times, on December 16, 1874)(emphasis added). The full ten commandments of the Grange were as follows:

1 https://www.oxfordlearnersdictionaries.com/us/definition/english/grange?q=grange

7 1. Thou shalt love the Grange with all thy heart and with all thy soul and thou shalt love thy brother granger as thyself. 2. Thou shalt not suffer the name of the Grange to be evil spoken of, but shall severely chastise the wretch who speaks of it with contempt. 3. Remember that Saturday is Grange day. On it thou shalt set aside thy hoe and rake, and sewing machine, and wash thy-self, and appear before the Master in the Grange with smiles and songs, and hearty cheer. On the fourth week thou shalt not appear empty handed, but shalt thereby bring a pair of ducks, a turkey roasted by fire, a cake baked in the oven, and pies and fruits in abundance for the Harvest Feast. So shalt thou eat and be merry, and “frights and fears” shall be remembered no more. 4. Honor thy Master, and all who sit in authority over thee, that the days of the Granges may be long in the land which Uncle Sam hath given thee. 5. Thou shalt not go to law[yers]. 6. Thou shalt do no business on tick [time]. Pay as thou goest, as much as in thee lieth. 7. Thou shalt not leave thy straw but shalt surely stack it for thy cattle in the winter. 8. Thou shalt support the Granger’s store for thus it becometh thee to fulfill the laws of business. 9. Thou shalt by all means have thy life insured in the Grange Lire Insurance Company, that thy wife and little ones may have friends when thou art cremated and gathered unto thy fathers. 10. Thou shalt have no Jewish middlemen between thy farm and Liverpool to fatten on thy honest toil, but shalt surely charter thine own ships, and sell thine own produce, and use thine own brains. This is the last and best commandment.

Id. (emphasis added). The Grange was synonymous with its laws and lobbying efforts to ban or heavily regulate speculation and middlemen.

Grangers tried marketing their own grains, fibers, and animals largely because they felt warehouse, elevator, and stockyard proprietors conspired against farmers to depress prices paid producers. At the same time, they hoped their cooperative efforts would destroy the individuals responsible for “futures.” Members of the order [of The Grange] charged the “gamblers” who controlled boards of trade with upsetting “the old law of supply and demand regulating prices” and with making the economic principle a “myth.” Their accusations were based on a belief that bidding on unfattened livestock and unharvested crops predetermined prices of meats, grains, and cotton. Attempts at collective marketing soon taught grangers that their cooperative programs were not going to rescue farmers from abusive practices of dealers in futures, so the order shifted its fight to Congress. Patrons now pushed for solons to “pass a law making it a felony for anyone selling their promises to deliver goods that they have not and never expect to have.”

Nordin at p. 137. The Grange not only forbade its members from engaging in farm-based futures, but also urged for legislation outlawing trading farm-based commodities for prospective gains.

8 Nordin at p. 137. National Grange, Proceedings, 1886, p. 75; Wisconsin State Grange,

Proceedings, 1890, p. 8).

The Grange was naturally suspicious of any commercial entity placing itself between the farmer and the consumer.

Our middle men live in fine houses, expensively furnished, their tables are spread with the best luxuries of our country and luxuries imported from abroad. Their sons and daughters are raised in ease and affluence, become accomplished and graduate at colleges and seminaries. The dru[d]gery of the middle man’s kitchen is performed by a servant while his wife and daughter, dressed in silks, with jeweled rings upon their delicate fingers, preside in the parlor [sic]….But how, or by whom, is the expense of this “high stile” paid? By the labor of the farmer and the miner, the principal producers of our Territory, taken from as the profits of so-called legal trade.

Nordin at p. 138-39 (Montana Territorial Grange, Proceedings, 1875 pp. 17-19). The Grange created artificial businesses to try to economically eliminate Jewish speculators, including Isaac

Friedlander in 1874. Rodman Wilson Paul, The Great California Grain War: The Grangers

Challenge the Wheat King, Pacific Historical Review (1958) 27 (4): 331–349.

Furthermore, The Grange had negative opinions concerning peoples that it believed depressed the wages and earnings of farmer, including blacks and Chinese immigrants. Decl. K.

Blankenship, par. 5. An official Grange resolution was passed by the California Chapter to prevent further importation "of this scourge to western humanity and civilization...” because the Chinese immigrants represented an “overshadowing curse which are sapping the foundation of our prosperity, the dignity of labor, and the glory of our State.” Grange Proceedings, 1877 pp. 48, 55.

Sandmeyer, The Anti-Chinese Movement, 32-33. African Americans were not allowed to be

Grangers, instead they created separate chapters, “a Council of Laborers,” to ensure that the

African Americans would not intermingle with the white Americans. Nordin at p. 32. The poll taxes that are infamous in history as ensuring that disadvantaged African Americans would be prevented from voting were a key element of The Granger Platform. Nordin at p. 54.

9 The Applicant is an American with a Chinese ethnicity. Decl. of K. Blankenship, par. 6.

The services sought to be protected by its HEADLEY GRANGE trademark include financial services based on investment, specifically:

Financial services, namely, fund management, asset management and advisory services relating to investments including financial instruments, currencies, commodities and indices including equity and debt securities, futures, options, forwards and other derivatives relating to financial instruments, currencies, commodities and indices; Financial management and investment advice, namely, investment, asset and commodities management and advice, futures and options account management and advice, futures account management and advice, forwards account management and advice, options account management and advice, derivatives account management and advice, and securities account management and advice; Financial management services in the field of financial services and fund management; Financial research services in the field of financial services and fund management; Financial advisory services in the field of financial services and fund management; Financial consultancy services in the field of financial services and fund management; Management and advice with respect to investment products, in relation to the aforementioned services; Provision of financial information for professionals in the field of portfolio management, for portfolio management including such provision; Financial analysis; Financial consultancy; Provision of financial information; All of the aforesaid services also provided on-line using the internet or other electronic modality or broadcast or narrowcast delivery means or using a computer database.”

U.S. Serial No. 88/132,655 for HEADLEY GRANGE, filed September 26, 2018 based on an intent to use. Opposer owns twelve marks that it has made of record in this action, all of which involve some variety of good or service to rural Americans, excepting U.S. TM Reg. No. 4,495,306 for cigars.

10 ARGUMENT

The motion for summary judgment is a pretrial device to dispose of cases in which “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” TBMP § 528.01. The summary judgment procedure is regarded as “a salutary method of disposition,” and the Board ought not hesitate to dispose of cases on summary judgment when appropriate. Id

I. HEADLEY GRANGE V. THE GRANGE FAMILY OF MARKS

There are two principle bases for which The Grange seeks to oppose Tetra Capital’s

HEADLEY GRANGE trademark. The first basis is because the family of trademarks based off of

“The Grange” for various farm and rural services are provided. The second, discussed later, because The Grange adopted the well-known farmhouse “Headley Grange” as one of their trademarks for cigars, and only cigars. This first section deals only with the relationship between

The Grange Family of trademarks and Applicant’s desire to trademark HEADLEY GRANGE for various financial speculation services.

A. The Mark The Grange, Irrespective of Notoriety, is Weak

The Oxford English Dictionary explains that a “grange” is an outlying farm with tithe barns belonging to a monastery or feudal lord. Courts may take judicial notice of facts of universal notoriety, which need not be proved, and of whatever is generally known within their jurisdictions.

Brown v. Piper, 91 U.S. 37, 42, 23 L. Ed. 200 (1875). To that end, dictionaries and encyclopedias may be consulted. United States v. Merck & Co., 8 Ct. Cust. Appls. 171 (1917). Fed. R. Evid.

201(b) and (f).

11 The idea of the grange has reached popular culture, most lately perhaps in the discussions of the best selling book “Pillars of the Earth” is a historical novel by Welsh author Ken Follett published in 1989 about the building of a cathedral in the fictional town of Kingsbridge, England.

When discussing the misused property of the Kingsbridge Priory, the protagonist receives a stern lecture:

Well, all this property should be taken care of. For example, suppose we have some land, and we let it for a cash rent. We shouldn’t just give to the highest bidder and collect the money. We ought to take care to find a good tenant, and supervise him to make sure he farms well; otherwise the pastures become waterlogged, the soil is exhausted, and the tenant is unable to pay the rent so he gives the land back the to us in poor condition. Or take a grange, farmed by our employees and managed by monks: if nobody visits the grange except to take away its produce, the monks become slothful and depraved, the employees steal the crops, and the grange produces less and less as the years go by. Even a church needs to be looked after. We shouldn’t just take the tithes. We should put in a good priest who knows the Latin and leads a holy life. Otherwise people descend into ungodliness, marrying and giving birth and dying without the blessing of the Church, and cheating on their tithes.

Follett, K. (1989). The Pillars of The Earth. New York: Morrow. P. 142.2 The landholdings of the

Catholic Church are not insignificant. The Catholic Church is by public accounts currently the world’s third largest land-holder, and the world’s largest land holder is the Queen Elizabeth II.

This latter fact is significant – while judicial notice is front and center - in light of the fact that

Henry VIII seized most of the lands of the Catholic Church when he established the Anglican

Church. In other words, the farm lands of monasteries was an ever-present historical undercurrent.

The Grange, that is to say the Opposer, has found its way into multiple dictionaries as well

- not to mention a significant number of encyclopedias. The same Oxford Dictionary defines

Opposer thusly: “(in the US) a farmers' association organized in 1867. The Grange sponsors social

2 [A] party may make of record, for purposes of summary judgment…printed publications, such as books and periodicals, available to the general public in libraries or of general circulation among members of the public or that segment of the public that is relevant under an issue, if the publication is competent evidence and relevant to an issue. TBMP § 528.05(a)(1)

12 activities, community service, and political lobbying.” Oxford University Press (2020 Grange. In:

Lexico.com, [Accessed 08/03/2020]. A “grange” is both a type of farm, and a colloquial term for members of NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY, who ostensibly provide goods and services to farmers. See, e.g., U.S. TM. Reg. No. 1816827 for the services: posters, and publications; namely, newsletters, brochures, and pamphlets about family life in farm, rural and suburban communities, national legislative affairs, and education, medical treatment and recreational opportunities for deaf individuals; and association and charitable services; namely, advancing the quality of family life in farm, rural and suburban communities, and providing medical assistance to deaf individuals.

When the Grange seeks to control services provided to farmers, or goods that principally derive from a farm, the inclusion of “Grange” is a very, very conceptually weak element. The greater the distinctiveness of a trademark, either inherent or acquired, the greater its ambit of protection will be. A party cannot be heard to complain when it creates its mark out of one or more common descriptive terms, and another party makes use of those terms. See, e.g., 24 Hour Fitness

USA, Inc. v. 24/7 Tribeca Fitness, 277 F. Supp. 2d 356, 366 (S.D.N.Y. 2003) (Court reported results of Internet (Google) search for “24 Hour Fitness” and found many similar names; concluded any confusion is a result of plaintiff “construct[ing] its mark out of common descriptive terms.”). Weak marks receive the barest of protection. See e.g. Hair Assoc. v. National Hair

Replacement Services, 987 F. Supp. 569 (W.D. Mich. 1997) (“Hair Replacement System” weak);

Arrow Fastener Co., Inc. v. Stanley Works, 59 F.3d 384 (2d Cir. 1995) (T-50 trademark/model number weak); Oreck Corp. v. U.S. Floor Systems, Inc., 803 F.2d 166 (5th Cir. 1986) (XL widely used, weak for carpet cleaning equipment); Haven Capital Management, Inc. v. Havens Advisors,

965 F. Supp. 528 (S.D.N.Y. 1997) (HAVEN weak for investment services); Castle Oil Corp. v.

13 Castle Energy Corp., 26 U.S.P.Q.2d 1481 (E.D. Pa. 1992) (surname “Castle” weak); Sidco Ind.

Inc. v. Wimar Tahoe Corp., 795 F. Supp. 343 (D. Ore. 1992) (“Horizon” weak); Marshall Field &

Co. v. Mrs. Field’s Cookies, 25 U.S.P.Q.2d 1321 (T.T.A.B. 1992) (surname “Field(s)” weak).

The general use of “grange” for services for farmers and those living the rural lifestyle dooms The Grange to a weak narrow field of enforcement.

B. The Grange Cannot “Bridge the Gap”

At the heart of trademark law is the idea of preventing an infringer to appropriate the benefits attributable to the goodwill of the trademark owner. Restatement Third, Unfair

Competition § 9(c)(1992). Consumer impressions of the tendency of particular types of businesses to diversify can influence the likelihood that different goods bearing similar marks will be associated with a common source. Id. at § 21(j) But the relevant inquiry is whether consumers are likely to associate the respective goods, services, or businesses of the parties by assuming that the prior user has expanded into the other market, not whether the prior user in fact intends to do so.

Id. Notions of infringement do not protect the interest of a business in future product expansion in the absence of a likelihood of confusion. Id.

Because consumer confusion is the key, the assumptions of the typical consumer, whether or not they match reality, must be taken into account. McGregor-Doniger Inc. v. Drizzle Inc., 599

F.2d 1126, 1136 (2d Cir. 1979) The ultimate test remains one of likelihood of confusion among prospective purchasers as to source of origin; the expansion of business factor turns not so much on objective evidence of actual expansion or potential therefor as it does on whether it is reasonable for the ordinary purchaser to assume such expansion. E. I. DuPont de Nemours & Co. v. Yoshida Internat'l, Inc., 393 F. Supp. 502, 517-18 (E.D.N.Y.1975). The services of the

14 Applicant, Tetra Capital, occupy an area that not only The Grange does not intend to occupy, but has volubly assured the world that it would not.

C. The Grange’s Notoriety Works Against It.

Although notoriety can often be a powerful influence in a finding of likelihood of confusion, as conceptual strength is balanced with market strength, when a newcomer establishes a brand that is contrary to a brand’s notoriety, likelihood of confusion is unlikely. Although The

Grange may occupy some small space in history textbooks, its place in the history textbooks is firmly established for a particular identity.

Fame worked against the owner of prior rights in B.V.D. Licensing Corp. v. Body Action

Design, Inc., 846 F.2d 727 (Fed. Cir. 1988)(J. Rich). In B.V.D., a “famous” underwear manufacturer owning fourteen registrations of trademarks for variations of BVD opposed the trademark application of B.A.D. for "men's, women's and children’s clothing -- namely, blouses, pants, jackets, dresses, shirts, undergarments, socks and footwear," Id. at 727-28. The Trademark

Trial and Appeal Board dismissed the opposition holding even though marks were similar, those similarities were not significant enough to justify likelihood of confusion. Id. at 727. Then the opposer appealed to the Federal Circuit, the Federal Circuit affirmed the holding of the TTAB stating that, here, the extreme notoriety for the BVD brand made even the slightest difference of significant consequence.

Judge Rich reasoned that the better known a mark is, the more readily the public becomes aware of even a small deviation from it. The similarities to this case are stark: B.V.D. was famous to the extent that it had a dictionary definition.

Webster's Third New International Dictionary [**3] (1971) contains the entry "B.V.D. * * * trademark -- used for underwear." The Random House Dictionary of the English Language (1967) has this item: "B.V.D. Trademark. a suit of men's underwear, esp. a pair of undershorts. Also, BVDs. Cf. skivvy." Under "skivvy" is a cross-reference to "B.V.D."

15 When a trademark attains dictionary recognition as a part of the language, we take it to be reasonably famous. (Webster has similar listings for "Kodak" and "Levi's.")

Id. at 727. Furthermore, the mark B.V.D. had been in use since 1876, and had amasses fourteen trademark registrations for various forms of apparel. The fame of a mark cuts both ways with respect to likelihood of confusion. The better known it is, the more readily the public becomes aware of even a small difference. BVD has that well-known quality which would trigger the observer to notice at once that B A D, with or without the periods in either mark, is a different symbol.

D. Grange’s Notoriety Precludes Likelihood of Confusion Concerning “Speculation” Services.

The Grange has a long, storied history of prejudice and railing against speculation and speculators. Speculation is the “engagement in business transactions involving considerable risk but offering the chance of large gains, especially trading in commodities, stocks, etc., in the hope of profit from changes in the market price.” Speculation was often associated with members of the

Semitic race and Jewish religion; and so too did the The Grange.

Thou shalt have no Jewish middlemen between thy farm and Liverpool3 to fatten on thy honest toil, but shalt surely charter thine own ships, and sell thine own produce, and use thine own brains. This is the last and best commandment. On this hang all the law, and profits, and if there be any others they are these.

D. Sven Nordin, Rich Harvest: A History of the Grange (Jackson: University Press of Mississippi,

1974), p. 240 (Reprinted from the Oshkosh Weekly Times, on December 16, 1874)(emphasis added).

The Grange was synonymous with its laws and lobbying efforts to ban or heavily regulate speculation and middlemen.

3 Liverpool England was at the time the world’s most well-known collection point of raw materials for manufacturing and distribution.

16 Grangers tried marketing their own grains, fibers, and animals largely because they felt warehouse, elevator, and stockyard proprietors conspired against farmers to depress prices paid producers. At the same time, they hoped their cooperative efforts would destroy the individuals responsible for “futures.” Members of the order [of The Grange] charged the “gamblers” who controlled boards of trade with upsetting “the old law of supply and demand regulating prices” and with making the economic principle a “myth.” Their accusations were based on a belief that bidding on unfattened livestock and unharvested crops predetermined prices of meats, grains, and cotton. Attempts at collective marketing soon taught grangers that their cooperative programs were not going to rescue farmers from abusive practices of dealers in futures, so the order shifted its fight to Congress. Patrons now pushed for solons to “pass a law making it a felony for anyone selling their promises to deliver goods that they have not and never expect to have.”

Nordin at p. 137. Examples of these laws making it a felony to speculate on farm-based futures could be found in the national and state chapters of the Grange Proceedings. Nordin at p. 137.

National Grange, Proceedings, 1886, p. 75; Wisconsin State Grange, Proceedings, 1890, p. 8).

The Grange was naturally suspicious of any commercial entity placing itself between the farmer and the consumer.

Nordin at p. 138-39(Montana Territorial Grange, Proceedings, 1875 pp. 17-19). These comments, which sound like the drunken ramblings of the jealous, were not the result of a handful of hotheads that found access an official record. No, these comments were the official written record created by the The Grange for posterity.

The Grange went beyond words and laws; in certain instances the Grange was reported to have resorted to an economic warfare of sorts. Grange members mounted operations to economically harm companies that The Grange believed to be engaged in financial speculation

17 that it believed to be injuries to its members. An example of such an operation was to financially destroy Isaac Friedlander in 1874, who was believed to be in the business of financial speculation in what would later be called The Great California Grain War. Rodman Wilson Paul, The Great

California Grain War: The Grangers Challenge the Wheat King, Pacific Historical Review (1958)

27 (4): 331–349. Admittedly, this “war” was milder than other forms of reprisal to which Semites were accustomed, but significance lies more in the ‘evil’ that the Grangers pooled their resources to extinguish.

The idea that The Grange now seeks to stop third parties from entering markets that it historically condemned, and fought against, is laughable. Perhaps this is exactly the sort of case that Judge Rich might remind us that notoriousness can be a double-edged sword. The Grange is well-known; well known to hate investment and speculators.

E. It is Appropriate to Hold The Grange to Its Representations

Goodwill is not only what you are, but what you were. Courts have the authority to utilize the actions of a party to prevent the public against hypocrisy and disingenuousness. For example, the Ku Klux Klan was denied judicial protection, specifically the ability to enforce its trade name in an unfair competition context, on the grounds that the organization was a source of bloodshed and despotic rule. Knights of Ku Klux Klan v. Strayer, 34 F.2d 432 (3d Cir. 1929).

In Strayer, the Knights of the Ku Klux Klan as plaintiff had certain members that were dissatisfied with the activities of the group. Id. at 433. These dissatisfied members formed their own chapter using the notorious Ku Klux Klan name. When the Knights of the Ku Klux Klan asked a federal court to forbid the confusing use of their trademark, the court refused on multiple grounds, including unclean hands.

Assuming without deciding that the defendants have been banished from the Klan and the charters of their lodges forfeited, the plaintiff would, the defendants concede, ordinarily be

18 entitled to equitable relief forbidding the use of its name, but the defendants assert and the trial court found that in its own use of the name the hands of the plaintiff reaching out for this relief are unclean, and so unclean as to move the court to refuse the relief which otherwise it would freely give.

Id. at 434. Specifically, the court found

…evidence that the society sought equity with unclean hands, in that it had established a despotic rule contrary to the rights and liberties of others, that it had imposed severe corporal punishment on non-members, and that it stirred up racial and religious prejudices to the point of inciting riots where people were injured and killed.

Id. at 433.

In Strayer, the court based its actions on unclean hands and equity, but the underlying premise is that the KKK was a despotic paramilitary organization, who are they to claim that they have rights in commerce and accuse a splinter group of commercial misdeeds? This is as much at the heart of likelihood of confusion as it is ‘unclean hands’ – and this could be considered a forerunner to the logic of Judge Rich. The KKK is notorious, and the Federal Circuit in B.V.D. refused to treat the apparel company as though it had attributes that it was well-known not to have.

And see United States Jaycees v. Cedar Rapids Jaycees, 794 F.2d 379 (8th Cir. 1986)(The Eighth

Circuit refused to enjoin a local Jaycees chapter from use of the JAYCEES mark where the national organization wanted to punish it for admitting women.)

A very similar phenomenon is present in the federal court splits concerning ‘fair use.’ Is

‘fair use’ a defense, or is it intrinsically tied to the notion of likelihood of confusion? “The limitation on the scope of the fair use doctrine is sometimes described by stating that the doctrine applies only to use ‘otherwise than as a trademark,’ or only to ‘nontrademark use’ of another’s mark.” Restatement Third, Unfair Competition § 28(a)(1992). “Thus, there is not always a clear distinction between cases appropriately analyzed under the rule state in this Section and cases more properly analyzed under the general standard of likelihood of confusion.” Id.

19 Neither The Grange nor the KKK get to have a history of one set of ideals, and then claim another mutually-exclusive set upon entering the courthouse.

F. Maybe Two Out of Three Is Bad

The Grange not only volubly explained its positions on the evils of speculation, but also the evils of “Oriental” immigration. California Grangers joined the mounting drive for Chinese exclusion, pressed farmers to dispense with Chinese laborers whenever possible, and catalogued the many “evils” of Oriental immigration. Cheap “coolie labor,” they perceived, was an aid to monopolists, particularly large landholders and railroads, the arch enemies and an obstacle to work opportunities for farm youth. In 1877 and again in 1878 the California Grange passed resolutions urging the United States Congress to prevent further importation "of this scourge to western humanity and civilization." To Grange leaders the Chinese immigrants represented an

“overshadowing curse which are sapping the foundation of our prosperity, the dignity of labor, and the glory of our State.” Grange Proceedings, 1877 pp. 48, 55. Sandmeyer, The Anti-Chinese

Movement, 32-33. The owner Applicant is a Mr. Winson Ho, an American of East Asian descent.

He provides financial services. If Mr. Ho were only Jewish, The Grange would have absolutely pulled a hat trick!4

Equity suggests that The Grange not force an East-Asian immigrant from providing financial and investment services for multiple reasons.

II. HEADLEY GRANGE V. HEADLEY GRANGE

A. HEADLEY GRANGE is a Conceptually Weak Trademark For Opposer

4 A hat-trick or hat trick is the achievement of a generally positive feat three times in a game, or another achievement based on the number three. https://en.wikipedia.org/wiki/Hat-trick

20 Headley Grange has significance that extends beyond a “grange” as a farmhouse.

HEADLEY GRANGE for financial services is a strongly distinctive trademark. HEADLEY

GRANGE, as it applies to the “grange” element, for cigars, because cigars are the product of farmed tobacco, is descriptive – and perhaps even misdescriptive. In re Loew’s Theatres, Inc., 769

F.2d 764 (Fed. Cir. 1985)(DURANGO misdescriptive of chewing tobacco not produced in

Durango, Mexico); and In re Jack's Hi-Grade Foods, Inc., 226 U.S.P.Q. (BNA) 1028, 1029

(TTAB 1985)(NEOPOLITAN misdescriptive of sausage made in Florida).5 Although the ramifications for having a misdescriptive trademark are beyond the scope of the present action, its significance in terms of weakness ought be acknowledged and weighed appropriately. Opposer’s use of Headley Grange should be entitled to very weak protection.

Making the case that cigars are unrelated to financial services is too unusual to justify. The

Examiner below certainly felt that there was no need to juxtapose “cigars” and “Financial

Services.” The Board ought not disturb that finding.

B. HEADLEY GRANGE is a Weak Trademark For Opposer

In addition to the inherent weakness of Opposer’s use of HEADLEY GRANGE, the use of

HEADLEY GRANGE is a weak one in the marketplace, i.e. irrespective of distinctiveness. The significance of a designation to prospective purchasers may by demonstrated by the nature of a term’s use in newspapers, popular magazines, or dictionaries. Restatement Third, Unfair

Competition § 13(e)(1992). Here, the designation “Headley Grange” is positively swamped by the cultural references to locale in which Led Zeppelin created its master works. The strength of a mark depends on its distinctiveness to prospective purchasers, which is measured by the degree to

5 Applicant concedes for purposes of this brief that Opposer’s use of Headley Grange is probably not deceptive.

21 which it indicates the source or origin of the product. Bristol-Myers Squibb Co. v. McNeil-P.P.C.,

Inc., 973 F.2d 1033, 1045 (2d Cir. 1992).

This may be a case of first impression. When a mark is selected notwithstanding the fame of popular references to the mark, the fame of the popular references can greatly overshadow the significance of the term to be considered a source of goods. The quantity and extent of references to other trademarks have been considered in cases, e.g. John H. Harland Co. v. Clarke Checks,

Inc., 711 F.2d 966, 975 (11th Cir. 1983)

[The] "'strong-weak” classification should be based both upon the amount of use of the term by others in this product and geographical area and upon the quantum of 'strength ' and consumer recognition of the mark at issue". Thus, while the fact that Memory Stub and similar marks have not been used by other parties normally might indicate that Harland's mark is strong, this indication is significantly weakened by the suggestive or possibly even descriptive nature of the Memory Stub mark.

Id. Again, the issue was considered in John H. Harland Co. v. Clarke Checks, Inc., 711 F.2d 966,

975 (11th Cir. 1983) where the court refused to enforce trademark rights in the word “Sun” even though it was considered an arbitrary trademark, the weakness and the common usage of the word

“sun” precluded the use by others of the trademark. Id.

Here, Applicant suggests that the meaning of “Headley Grange” is too associated with Led

Zeppelin in popular culture to permit Opposer to escape its shadow absent a showing of significant evidence. Cf A Armstrong Cork Co. v. World Carpets, Inc., 597 F.2d 496 (5th Cir. 1979)("World");

American Heritage Life Ins. Co. v. Heritage Life Ins. Co., 494 F.2d 3, 11 (5th Cir. 1974) (multiple uses of the mark "Heritage"); Holiday Inns, Inc. v. Holiday Out in America, 481 F.2d 445 (5th Cir.

1973) (multiple uses of the mark "Holiday").

III. APPLICANT CANNOT BE SHOWN TO HAVE REGISTERED THE TRADEMARK IN BAD FAITH

22 Opposer has the initial burden of demonstrating by a preponderance of the evidence that applicant lacked a bona fide intent to use the mark on the identified goods." Boston Red Sox

Baseball Club LP v. Sherman, 88 USPQ2d 1581, 1587 (TTAB 2008). If opposer meets this initial burden of proof, the burden of production shifts to applicant to rebut the opposer’s prima facie case by offering additional evidence concerning the factual circumstances bearing upon its intent to use its mark in commerce. Id. Applicant filed its trademark on September 26, 2018. Applicant purchased web domains 1-2 weeks later. Decl. K. Blankenship, par. 7. In November, Applicant received a cease-and-desist letter from Opposer, so naturally, Applicant halted his progress. Decl.

K. Blankenship, par. 8.

IV. CONCLUSION

The Grange had little or no basis to bully the Applicant. The Grange has a policy of disputing any use of “grange” with complete indifference to its historical, linguistic, and popular culture significance. Applicant asks that this Board cut short this attempt to simply outspend small businesses.

Dated: August 5, 2020

Respectfully submitted,

By ______M. Keith Blankenship, Esq. Attorney for Applicant VSB# 70027 Da Vinci’s Notebook, LLC 9000 Mike Garcia No. 52

23 Manassas, VA 20109 703-581-9562 [email protected]

24 CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing document has been served on counsel for Opposer via email.

James L. Bikoff Smith, Gambrell & Russell, LLP 1055 Thomas Jefferson Street, NW Suite 400 Washington, DC 20007

This 5th day of August 2020

By : ______M. Keith Blankenship

25 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

U.S. TM App. No.: 88/132,655 Mark: HEADLEY GRANGE

THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY Proceeding No. 91246647 Opposer,

TETRA CAPITAL MANAGEMENT LLC

Applicant.

FIRST DECLARATION OF M. KEITH BLANKENSHIP

1. I am counsel for Applicant Tetra Capital Management, LLC in this action.

2. Exhibit A is a true and accurate reproduction of an Article from the Rolling Stone

Magazine titled Led Zeppelin IV: How Band Struck Back at Critics with 1971 Masterpiece, Article

Dated November 8, 2016.

3. Exhibit B is a true and accurate reproduction of an Article from the Rolling Stone

Magazine titled 100 Greatest Artists, Article Dated December 3, 2020.

4. Exhibit C is a true and accurate reproduction of the entry for “The Granger

Movement” Encylopedia Britannica, 12 February 2020 (Electronic Ed.)(Accessed August 3,

2020)

5. Exhibit D is a true and accurate reproduction of Gerald L. Prescott, Farm Gentry vs. the Grangers: Conflict in Rural America, Historical Quarterly (1977) 56 (4): 328–345.

6. Mr. Winson Ho, the owner of Tetra Capital Management, LLC has an ethnicity that is a combination of Indian and Chinese.

7. True and Accurate copies of discovery disclosed pursuant to requests for documents is attached as Exhibit E.

8. A True and Accurate copy of correspondence from Opposer to Applicant is attached as Exhibit F.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

M. Keith Blankenship August 5, 2020

EXHIBIT A

HOME MUSIC MUSIC FEATURES NOVEMBER 8, 2016 1:20PM ET Trending ‘Led Zeppelin IV’: How Band Struck Back at Critics With 1971 Masterpiece Chafing at attacks from press, inspired by unparalleled artistic ambitions, Zeppelin made one of rock’s biggest albums

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Read how Led Zeppelin struck back at critics with their brilliant, career-defining fourth LP. Michael Putland/Photoshot

Led Zeppelin‘s fourth album is variously known as Led Zeppelin IV, Untitled, Four Symbols and Zoso, but its true title is formed by the four unpronounceable symbols chosen by each band member. Page did that to retaliate against writers, including several in Rolling Stone, who’d snubbed the band’s music: “After all we had accomplished, the press was still calling us a hype. So that is why the fourth album was untitled.” He also refused to give any interviews for a period of 18 months.

Thus, one of the best-selling rock albums of all time (23 million copies in the U.S., at last count) was fueled by the bandmates’ resentment; they were victors who felt like underdogs. The gatefold album design had no photos or band information, which was “professional suicide,” one industry expert warned Page, but it only added to the album’s – ADVERTISEMENT and group’s – still-enduring air of high-school-hallway mystery.

Most of the work was done in the winter of 1970–71 at Headley Grange, the ancient, damp, poorly heated country house Jones called “horrible.” Page, who meticulously produced Zeppelin records and was heard to declare, “I am the sound of Led Zeppelin,” made the house part of the production. By placing Bonham’s drum kit in a stone stairwell and Dress For Success No Matter How You're Working hanging the microphones high above, he used the house’s natural Take it from the pros: These three entrepreneurs acoustics to create the massive kick and snare sounds that open “When have equal parts style and ambition. the Levee Breaks.” Ad by Cole Haan See More

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“Black Dog,” named for a stray canine that often RELATED visited Headley Grange, was rooted in a riff Jones created after listening to the psychedelicized Muddy Waters album Electric Mud. The fast pace of the song Hearing Aids For Seniors Are More Aﬀordable Than Ever! Research Hearing is staggered, unsettled – it sounds like Page and Aid Devices For TV Bonham are about to fall out of sync, and when the by Yahoo! Search

How Led Zeppelin music drops out, Plant yelps a come-on to a “steady- Embraced Trippy Folk rolling woman.” It’s a “blatant let’s-do-it-in-the-bath Side on 'III' type” of song, he said. (The stop-time structure was Best Mattresses for Dont Ignore Symptoms Robert Plant Cruises inspired by Fleetwood Mac’s earlier blues hit “Oh Back Pain of 2020. of Ankylosing Through Hill Country Well,” another example of how widely Zeppelin on 'Charlie Patton Research The Best… Spondylitis. Search… by Yahoo! Search by Yahoo! Search Highway (Turn it Up, listened – and borrowed.) Pt. 1)' In a similar vein, “Rock and Roll” and “Misty Mountain Hop” (with an electric piano from the versatile Jones) were uptempo rockers that are still in heavy rotation on rock stations. The latter, which Plant later termed “hippie-dippy,” is a mischievous tale of being offered drugs in a park where people have

“flowers in their hair,” an idyllic, Aquarius-era image that recurs in the [Photos] Take A Look At Who Toby Keith Is plaintive, acoustic “Going to California,” inspired by Page and Plant’s Married To For The Past 36 Years by Hollywood Tale devotion to folk singer Joni Mitchell, as well as their love of the West Coast. It’s another travelogue, in which Plant leaves behind a “woman WHAT WE'RE BUYING unkind” and seeks a girl “with love in her eyes.”

Between the concrete bookends of “Black Dog” and “When the Levee Breaks,” one The Best Face Masks for song merges the dark Running, Cycling and Working and the light. Out “Stairway to Heaven” is probably the most- played rock song of all time, but initially, Zeppelin’s audience was skeptical about it. “The first time we 8 Accessories That Help You Get the Most Out of Your played ‘Stairway’ AirPods live,” said Jones, “it was like, ‘Why aren’t they playing “Whole Lotta Love”?’ Because people like what they know. And then ‘Stairway’ became what they knew.” (Plant, too, initially saw “people settling down to have 40 winks” when “Stairway” arose in Zeppelin’s set.)

Everyone at Headley Grange thought the first take was perfect – except Page, a taskmaster when he wasn’t stoned to the brink of The Best Camping Bags and unconsciousness, who hinted that it could be better. “Bonham is Duﬀels for Your Next (Socially Distant) Getaway fuming at this point,” said recording assistant Richard Digby Smith, and on the second take, “he’s beating the crap out of his drums.” The second take was the keeper. Page had been right.

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Send“Stairway” Us a Tip is an eight-minute episodic jaunt that starts with acoustic Subscribe guitar and Jones playing the recorder – a few different parts, harmonized – and climaxes with an electric roar. The song “crystallized Menu Music TV Movies Politics Culture Video Charts Pro the essence of the band,” Page said. Plant, the least nostalgic member Send Us Menu Read Next These WiFi-Enabled Air Conditioners Help You Stay Cool Wit… Subscribe of Zeppelin, somewhat dismissively called it a “nice, pleasant, well- a Tip meaning, naive little song.” He wrote the lyrics quickly and almost instantly, according to Page, reversing from a cynical first line to a mysterious but optimistic tale of reflection and rejuvenation. “I think it was the Moroccan dope,” Plant joked. Zeppelin were so proud of the song they printed the lyrics on the inside of the album jacket, a first for them. (Page found the typeface in an old British fine-arts magazine called The Studio, which dates to the late 19th century.) Radio stations asked the band’s label for an edited version of the song; Zeppelin refused to compromise, and DJs relented, playing it in full, especially when they needed a bathroom break.

At first, the essence of Led Zeppelin seemed to be brutality. It was a “very animal thing, a hellishly powerful thing,” in Plant’s words. Then fortuitously, in the next decade, each band member developed his own unique power. Plant added questing lyrics to his high, keening wails of abandon. Page emerged as one of rock’s most adventurous and imaginative producers, and turned out epic guitar riffs like he was an MU The 5 assembly line. Jones played every instrument short of the kazoo, Rock M Time fortifying and expanding the band’s weaponry and arrangements. And Bonham, until he died in 1980 from drinking too excessively and living too extravagantly, fluidly navigated odd time signatures and played with consistent jackhammer force. PO Gr All of this craft, wisdom and daring is evident on Zeppelin’s fourth album. Page, continuing to hold his deserved grudge against music magazines, claims that even the band’s most popular record got slammed by critics when it was released. The LP immediately PO dominated radio playlists, and in many cities it still does. The music Ar About Climate long ago ascended to mythic proportions. In the 1982 film Fast Times Migr at Ridgemont High, written by Zeppelin fan Cameron Crowe, the sleazy ticket scalper Mike Damone tells a younger, naive friend the secret to getting into a girl’s pants: “When it comes down to making out, whenever possible, put on Side One of Led Zeppelin IV.”

Artists Who Ripped Off Led Zeppelin Subscribe

10091 9081 8071 7061 6051 5041 4031 3021 2011 101

HOME MUSIC MUSIC LISTS DECEMBER 3, 2010 12:21AM ET 100 Greatest Artists The Beatles, Eminem and more of the best of the best

By ROLLING STONE

Rolling Stones in London circa 1960s. REX EXHIBIT B

In 2004 — 50 years after Elvis Presley walked into Sun Studios and cut “That’s All Right” — Rolling Stone celebratedSubscribe rock & roll’s first half-century in grand style, assembling a panel of 55 top musicians, writers and industry executives (everyone from10091 Keith Richards9081 to8071 ?uestlove7061 of the Roots)6051 and asking5041 them4031 to pick the3021 most influentia2011 l101 artists of the rock & roll era. The resulting list of 100 artists, published in two issues of Rolling Stone in 2004 and 2005, and updated in 2011, is a broad survey of rock history, spanning Sixties heroes (the Beatles) and modern insurgents (Eminem), and touching on early pioneers (Chuck Berry) and the bluesmen who made it all possible (Howlin’ Wolf).

The essays on these top 100 artists are by their peers: singers, producers and musicians. In these fan testimonials, indie rockers pay tribute to world-beating rappers (Vampire Weekend’s Ezra Koenig on Jay-Z), young pop stars honor stylistic godmothers (Britney Spears on Madonna) and Billy Joel admits that Elton John “kicks my ass on piano.” Rock & roll is now a music with a rich past. But at its best, it is still the sound of forward motion. As you read this book, remember: This is what we have to live up to.

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Led Zeppelin By Dave Grohl

Heavy metal would not exist without Led Zeppelin, and if it did, it would suck. Led Zeppelin were more than just a band — they were the perfect combination of the most intense elements: passion and mystery and expertise. It always seemed like Led Zeppelin were searching for something. They weren't content being in one place, and they were always trying something new. They could do anything, and I believe they would have done everything if they hadn't been cut short by John Bonham's death. Zeppelin served as a great escape from a lot of things. There was a fantasy element to everything they did, and it was such a major part of what made them important. It's hard to imagine the audience for all those Lord of the Rings movies if it wasn't for Zeppelin.

They were never critically acclaimed in their day, because they were too experimental and they were too fringe. In 1969 and '70, there was some freaky shit going on, but Zeppelin were the freakiest. I consider Jimmy Page freakier than Jimi Hendrix. Hendrix was a genius on fire, whereas Page was a genius possessed. Zeppelin concerts and albums were like exorcisms for them. People had their asses blown out by Hendrix and Jeff Beck and Eric Clapton, but Page took it to a whole new level, and he did it in such a beautifully human and imperfect way. He plays the guitar like an old bluesman on acid. When I listen to Zeppelin bootlegs, his solos can make me laugh or they can make me tear up. Any live version of "Since I've Been Loving You" will bring you to tears and fill you with joy all at once. Page doesn't just use his guitar as an instrument — he uses it like it's some sort of Subscribe emotional translator.

10091 9081 8071 7061 6051 5041 4031 3021 2011 101 John Bonham played the drums like someone who didn't know what was going to happen next — like he was teetering on the edge of a cliff. No one has come close to that since, and I don't think anybody ever will. I think he will forever be the greatest drummer of all time. You have no idea how much he influenced me. I spent years in my bedroom — literally fucking years — listening to Bonham's drums and trying to emulate his swing or his behind-the-beat swagger or his speed or power. Not just memorizing what he did on those albums but getting myself into a place where I would have the same instinctual direction as he had. I have John Bonham tattoos all over my body — on my wrists, my arms, my shoulders. I gave myself one when I was 15. It's the three circles that were his insignia on Zeppelin IV and on the front of his kick drum.

"Black Dog," from Zeppelin IV, is what Led Zeppelin were all about in their most rocking moments, a perfect example of their true might. It didn't have to be really distorted or really fast, it just had to be Zeppelin, and it was really heavy. Then there's Zeppelin's sensitive side — something people overlook, because we think of them as rock beasts, but Zeppelin III was full of gentle beauty. That was the soundtrack to me dropping out of high school. I listened to it every single day in my VW bug, while I contemplated my direction in life. That album, for whatever reason, saved some light in me that I still have.

I heard them for the first time on AM radio in the Seventies, right around the time that "Stairway to Heaven" was so popular. I was six or seven years old, which is when I'd just started discovering music. But it wasn't until I was a teenager that I discovered the first two Zeppelin records, which were handed down to me from the real stoners. We had a lot of those in the suburbs of Virginia, and a lot of muscle cars and keggers and Zeppelin and acid and weed. Somehow they all went hand in hand. To me, Zeppelin were spiritually inspirational. I was going to Catholic school and questioning God, but I believed in Led Zeppelin. I wasn't really buying into this Christianity thing, but I had faith in Led Zeppelin as a spiritual entity. They showed me that human beings could channel this music somehow and that it was coming from somewhere. It wasn't coming from a songbook. It wasn't coming from a producer. It wasn't coming from an instructor. It was coming from four musicians taking music to places it hadn't been before — it's like it was coming from somewhere else. That's why they're the greatest rock & roll band of all time. It couldn't have happened any other way.

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Granger movement

Granger movement, coalition of U.S. farmers, particularly in the Middle West, that fought monopolistic grain transport practices during the decade following the American Civil War.

The Granger movement began with a single individual, Oliver Hudson Kelley. Kelley was an employee of the Department of Agriculture in 1866 when he made a tour of the South. Shocked by the ignorance there of sound agricultural practices, Kelley in 1867 began an organization—the Patrons of Husbandry—he hoped would bring farmers together for educational discussions and social purposes. Granger movement

The Granger movement, lithograph from The organization involved secret ritual and was divided into 1873. local units called “Granges.” At ﬁrst only Kelley’s home state of Library of Congress, Washington, D.C. Minnesota seemed responsive to the Granger movement, but by 1870 nine states had Granges. By the mid-1870s nearly every state had at least one Grange, and national membership reached close to 800,000. What drew most farmers to the Granger movement was the need for uniﬁed action against the monopolistic railroads and grain elevators (often owned by the railroads) that charged exorbitant rates for handling and transporting farmers’ crops and other agricultural products. The movement picked up adherents as it became increasingly political after 1870.

In 1871 Illinois farmers were able to get their state legislature to pass a bill ﬁxing maximum rates that railroads and grain-storage facilities could charge. Minnesota, Wisconsin, and Iowa later passed similar regulatory legislation. These laws were challenged in court, and what became known as the “Granger cases” reached the Supreme Court in 1877. The most signiﬁcant of the Granger cases was Munn v. Illinois (q.v.), in which a Chicago grain-storage facility challenged the constitutionality of the 1871 Illinois law setting maximum rates. The court, with Chief Justice Morrison Remick Waite writing for the majority, upheld the state legislation on the grounds that a private enterprise that affects the public interest is subject to governmental regulation.

Meanwhile, independent farmers’ political parties began appearing all over the country, outgrowths of the Granger movement. Ignatius Donnelly was one of the principal organizers, and his weekly newspaper Anti- Monopolist was highly inﬂuential. At their Grange meetings farmers were urged to vote only for candidates who would promote agricultural interests. If the two major parties would not check the monopolistic practices of railroads and grain elevators, the Grangers turned to their own parties for action.

With the rise of the Greenback Party and later organizations for the expression of agricultural protest, however, the Granger movement began to subside late in the 1870s. Ill-advised farmer-owned cooperatives for the manufacture of agricultural equipment sapped much of the group’s strength and ﬁnancial resources. By 1880 membership had dropped to slightly more than 100,000. The Granger movement rebounded in the 20th century, however, especially in the eastern part of the country. The National Grange, as it is called, remains a fraternal organization of farmers and takes an active stance on national legislation affecting the agricultural sector. EXHIBIT D

Farm Gentry

vs. the Grangers

Conflict in Rural America

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interest tax and the _4?gry smallfarmers?many of themwheat growers plagued by indebtedness, high rates, inequities, 328 vagaries of thegrain trade?swelled Grange membership in the lS'jos. Gerald L. Prescott

their own kind. The farm in the and It is an axiom of American history that the organization community 1870's as voice of the 1880's included a fair number of known the Grange expressed the collective wealthy agriculturists, of whom the of scientific farm community in the decades following the Civil many championed precepts Patrons of Hus and more often than with War. The harsh criticisms raised by these farming who, not, disagreed of the American the reform schemes the bandry against the economic practices aggressive proposed by Grangers. with While not as as their more vocal corporate economy?in tandem their persistent conspicuous brethren, a of elite in efforts to enrich farm life with community and political members the farming wielded considerable created fluence on and within the com voice?won widespread support, pride among agrarian politics agrarian husbandmen, and riveted the attention of later genera munity. In post-Civil War California, for example, many affluent farmers the State tions of historians on the farm-city tensions of the Gilded joined Agricultural Society, a extent on the is the oldest and most farm in the Age. To large this focus Grange justified. prestigious organization state. The and its members varied The Patrons' concerns underscored the deep frustrations Society significantly amidst the onrush of indus from California on matters of crucial concern felt by millions of farmers Grangers the to allWest Coast husbandmen. This will trialization, while the Granger's projects represented essay probe as in first coordinated attack on farm ills endemic to the times.1 these divergences, demonstrated separate responses War as across the to and social issues. In post-Civil California, country, contemporary political, economic, atten Its is not to chronicle the of either or the Grange immediately commanded considerable purpose history but to differences tion. Angry wheat growers, plagued by indebtedness, ganization, clarify important among tax and the of the an era identified with high interest rates, inequities, vagaries agriculturists during traditionally roles the activism.3 grain trade, swelled Grange membership during Grange fraternal The of the California State 1870's. With its grandiose economic schemes, origins Agricultural Society the won date back to when citizens founded an or opportunities, and mysterious rituals, Grange 1854 leading to to state numerous converts in rural California while it gained ganization promote farming and upgrade the in urban circles the of still dominated the mind and widespread recognition throughout agriculture. Mining in of Gold Rush and what little farm state. The Grangers' influence peaked the late seventies economy California, existed was mem when, in cooperation with the short-lived Workingmen's ing largely haphazard. Early Society a in the state bers held annual to Party of California, they played key role sponsored fairs, meetings exchange talk on and and drive for constitutional and currency reform. Although shop crops cattle, appointed visiting inmost committees to award for the state's best orchards ultimately stymied fiscal endeavors, Grangers prizes farmers in a common and farms. confronted with formidable ob temporarily rallied California Although cause and, for a time, seemed to be the voice of all farm stacles, by the 1860's Society members had accumulated and valuable data on best suited to Cali dwelling Californians.2 published crops as are fornia workable Yet, scholars of rural history well aware, the soils, developed farming techniques for the California and achieved solid Grangers experienced competition for leadership from unique conditions, advances in the care of most im livestock. Perhaps their portant accomplishment, however, was the establishment of at Dr. Prescott is Professor History California State University, of a over tradition of agricultural excellence amidst the Northridge. His special interest is farm leadership in theGilded Age. was in a from and frontier indifference to This study financed part by grant the California riding typical progressive State University?Northridge Foundation. farming procedures.4

329 JIJI^^

Wealthy landedgentry sought conservative political leadership of California9s agricultural community. Farmer John M. s Benson harvest outfit in San Joaquin County numbered some two dozen workers.

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in a was Then, the early seventies, challenge raised to " " the of the farm elites in the . v ' prestigious position agricul i' s,:Vl!v..-.. 4-r ?* - ? , .. -iV-jfc-- ."*,': . ;; tural most > - community. Despite repeated warning signs, ; ..!.:-f*fc ; >: .Vr#! ^ had in California husbandmen persisted raising wheat? ' most '' the easily and cheaply produced of frontier crops. ilSllv JfV.' . tracts By 1870, huge of land in the Sacramento, San to Joaquin, and Salinas valleys had been planted the golden grain, production had boomed, and California farmers had entered world wheat markets with their An serious product. export economy, however, posed ' ;^*S#: *%M__flP'_0*T^W,' problems for the state's isolated wheat farmers. The nearest markets were thousands of miles sea '" "** distant, long g^-;-;:!*r^_____T";' ^****" 'l3f^*_WMlWr *"|i necessitated voyages special packing and handling of the rates at crop, freight proved costly, and the end of the filSi^W^Jfi'*^-.f!,^____fcii" - j___ji1""jJi5ilj______Btt_?_]__ V ^'ilz!^^____l1 __ _v ''._>..gjr __? journey wheat prices fluctuated unpredictably.5 Realiz MBwîsJiifciMSM????1ife-l..,,?____fM?______i^&?i, =.Jl?_&TT*w__ __ JP|__., J_f iT^fc.-c% ing that cooperative effort offered the only real protection nurnerous against the exactions of middlemen in this complex marketing process, California wheat growers to began organize. In no for mood pious phrases from the State Agricul about the virtues tural Society of "scientific farming," to many concerned grain growers sought instead maxi mize their profits through forced reductions in freight costs. numerous and marketing By 1872, small farmers' clubs had incorporated under the banner of the Farmers' Union?California's first state-level, grass-roots agrarian One as ' '' ''" organization. year later, discontentment among 8lliHiigi|fflW/^^^ ;2''^^'- ^" :lj<^.: . . -y^'tS rose to a fever growers pitch, the Farmers' Union sought ______b______^-^^^^_^^^^^^^^^^^&^?<'' _r ?.",&' 1} îte>_r* <*?<'C;1î^#.W._i^Si assistance was __^__^__M^Ml_-____-_-_____-_l^M^^îi_^^Bî^^>' **%>'*%,'- ^v^J^h'- _foii_.__tJ_rMlM from and subsequently absorbed by the a ?????????????????????????????????????HMIiMB_pli_H__?^^_

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331 California Historical Quarterly

the he farmed near then moved a the vocal mines, Marysville, year Grange organization and urged farmers who later to where he dabbled in wished to remain solvent to follow suit. Napa county briefly pur They denounced and Fisher a chasing shipping grain. eventually acquired the "wheat-bag trust," usurious interest rates, railroad farm two 350-acre miles northwest of Napa where he abuses, and other targets of the agrarians?in short, per a small fruit raised and sons to operated orchard, wheat, corn, and practices they believed be injurious to farmers' sheep during the seventies and eighties, and remained prosperity.10 active in the until his death in While not Most Grange 1898. gentlemen farmers, however, rejected the Fisher's dedication to and to exactly poor, general farming Grange's proposals recommended other paths him modest returns.7 success. The route to brought only shortest prosperity, these Society an officer of the State in By contrast, John Boggs, Agri leaders reaffirmed, lay applying basic scientific prin the to mines to cultural Society during 1880's, traveled the ciples farming. They encouraged farmers to rotate in He soon to use from Missouri 1849. entered the horse their crops, deep-plow their fields, to fertilizers, to a time to trading business and within short accumulated 400 intermix breeds of stock in their herds, experiment ameasure new head. Shrewd land investments brought him with crops and seeds, and to systematize their oper 1880 an farm to of wealth, and by Boggs owned 18,000-acre ations. Blind adherence "King Wheat," inattention at in Colusa County valued $300,000. Specializing in to scientific methods, and poor farm management would and wheat became one of the in livestock production, Boggs inevitably result failure, warned Society spokesmen; in state. best known agriculturists the He eventually conversely, quality crops and cattle, and mastery of the in served on the Board of to assure owned stock several banks, techniques needed produce them, would farm Trustees of Stanford University, became Regent of the profits and economic progress. Crop diversification, they in state senate. not mean University of California, and served the acknowledged, did abandonment of cereal at was By any standards, Boggs ranked the top of his pro grains; grain production too important to Cali farm were fession,8 and many of California's elite equally fornia's young farm economy, and in fact the Society successful. spokesmen predicted heavy grain production indefinitely. They cautioned growers, however, that the great distance a from European wheat markets posed permanent to threat profits and urged diversification "to the extent N * ot the State of A surprisingly, the gentlemen farmers of practicability.''n the rise of the In amove which them Cali Agricultural Society viewed rapid Grange brought little popularity, in with mixed feelings. As key figures the improvement fornia's farm elite further countered the Grange's men the of California agriculture, these understood well agrarian programs by stressing character development Pacific and adherence to the work ethic. Fortune from the unique marketing problems confronting Slope amore to farmers and had long stressed the need for efficient furrow, they maintained, only accrued those persons more who and and who an transportation system. Many Society members, possessed energy industry followed over, were themselves heavily involved in commercial exacting regimen of work, study, and experimentation. the state and fair wheat farming, and they knew first-hand complexi Accordingly, county speakers liberally ties and uncertainties of the specialized wheat export sprinkled their remarks with self-help themes, and the the annual Transactions featured abundant exam trade.9 Accordingly, several of agricultural gentry, Society's of including wheat entrepreneur John Bidwell, supported ples persons who, through diligent effort, progressed were Livestock exhibitions at the statefair calculated to educate 332 farmers about improving the quality of the rangy California beef cattle. vs. Farm Gentry the Grangers

to from being hired hands wealthy farmers. Patience, and itwas would grit, self-denial, suggested, eventually the sfarm elite countered bring rewards; routine industriousness, moreover, would California a develop strong and noble character. Their message Grange's agrarian programs by stressing was stated and must first and adherence to the persistently persuasively?man characterdevelopment master himself before he can master nature.12 work ethic. Gentlemen farmers, too, spoke critically of idlers and financial re loafers?persons, they said, who expected a wards without first undergoing necessary and difficult men to toil as evoked from staid apprenticeship. Young should be willing ample, fiery responses usually Society concern over field hands, to content themselves with moderate and members and revealed their deep "factious" to to than and "seditious" social elements who surfaced in the steady pay, and look the future rather "grum to to at of the seventies. attacks bling have rise daybreak." They chided agrarians depression Repeated against too too in and itwas would drive for living fast and for being extravagant the capital corporate property, feared, tradition of Bonanza Kings.13 Before farmers could manufacturers from the state, increase unemployment, must and social discord. "Let this war prosper, they asserted, they learn the great lessons promote upon capital... of and interests be and maintained a little of prudence and economy. These kinds comments, corporate kept up not at while declared Marcus while perhaps aimed directly the Grange, implied longer," Society president streets our criticism of farmers who did not commit all their energies Boruck in 1878, "and the of cities will afford avenues for the to the improvement of crops and cattle. magnificent grazing cattle."14 Generally, ties California's farmer elite expressed particular disgust farm elite enjoyed close financial with the business seven and to restructure the with agrarians and other persons who blamed the community, they resisted efforts woes on and ties' economic bankers, capitalists, and railroad established order, countering violence labor strife by the tenets of and free barons. Antimonopolist tirades by Denis Kearney and reaffirming self-help the enterprise San for ex his Francisco-based Workirigmen's Party, system.

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re was are Although California's agricultural gentry rarely Interstate Commerce Act passed, filled with to ferred the Grange by name, spokesmen left little doubt resolutions and committee reports demanding congres on they disapproved of Grangers' antibusiness sentiments. sional controls transportation, freight, and tonnage as rates onerous As early 1874, for example, criticism of the Patrons' and prohibition of the and corrupting free at a to imbroglios with local merchants surfaced meeting of pass system which provided free transportation lobby the San Joaquin Valley Agricultural Society.15 The ists and other political allies of railroad companies. Only to Grangers' well-publicized efforts break the Central the federal government, Grangers believed, could check Pacific Railroad "monopoly," coupled with their vitri the "ruinous extortions practiced by the railroad monop on most olic attacks "unjust" railroad magnates, upset of olists."16 even more. the farm elite During the 1870's California Gentlemen farmers viewed the railroad regulations a to movement As agrarians waged vigorous campaign reduce railroad with alarm. prime boosters of the first to on freight fares and place legislative controls railroad transcontinental link and firm believers in the close rela in to management. Joined their crusade by unemployed tionship of railroads farm growth, they resented laborers and hard-pressed merchants, the Grangers ob "malicious insinuations" about railway corporations and a state in tained passage of law 1876 which prohibited feared the negative impact this kind of rhetoric might on many unpopular railroad practices, including the levying have future railroad construction. "The California rates. in to of discriminatory freight The law, however, farmer particular is indebted the iron horse," asserted to was one at proved be ineffectual, and it followed by creation rail enthusiast the height of agitation in the late a rate us on a of State Railroad Commission with broader seventies. "It... has placed competing scale with in state rest rest setting powers. When the 1880's the commission, the of America, with the of theWorld!"17 to excesses to too, failed curb railroad the satisfaction of Society spokesmen stressed the vital link between rail Patrons, they ultimately sought federal help. The ways and farm markets, land values, and population 1880 at same Grange's Proceedings between and 1887, the year the growth, the time repeatedly praising the skills

334 vs. Farm Gentry the Grangers

and achievements of the Central Pacific's "Big Four"? Collis P. Leland Stanford State Huntington, (a Society " There are who will never be content member), Charles Crocker, and Mark Hopkins. When persons battles and court until.. . have agrarian regulationists, stymied by legal transportation companies of delays, boldly proposed public ownership transporta been cinched." tion the farm companies, elite vehemently disagreed. "These fantastic notions," declared Marin County cattle to breeder James Shafter, "lead the people indulge in delusions... and throw the honest but uninformed mind an Gentlemen farmers charted independent course into the control of the worst elements of As from on issues as society."18 Grangers other well. The question of to was to what the government expected do with the landmonopoly triggered heated political battles in when it obtained in concert companies them, Shafter, Gilded Age California and evoked deep resentment, par with most farm remained small elites, caustically skeptical. ticularly among farmers.20 Millions of mostly members did seek less uncultivated acres in the state Society speedier, costly delivery remained in large estates for to eastern markets established in the (particularly perishable fruit) Spanish-Mexican era, and during the the but did so without on during eighties, they warring sixties and seventies the federal government had allotted railroads. rates to be a business additional tracts to railroads as They perceived freight huge subsidies for expand matter and to with their lines. These lands were urged producers negotiate directly ing priced considerably carriers. Railroad were operators, they asserted, gener above the government minimum level of $1.25 per acre, amenable to reason and If could and ally argument. operators purchase remained beyond the reach of all but the be persuaded that lower fares would stimulate farm pro best-financed farm seekers. As a result, the small-scale duction and increase carload rates in a volume, shipping farmer California, to much greater extent than farm would declared one ers elsewhere on the inevitably drop. Unfortunately, trans-Mississippi farming frontier, Tehama "there are who will had a county agriculturist, persons difficulty obtaining substantial foothold on the never be content until... have land.21 seventies transportation companies Throughout the and eighties Grangers been cinched."19 For these rate re persons, reasonable vigorously attacked the "machinations of land monop ductions would not suffice. To rebut tax reforms to regulationists' argu olists," urged discourage property-holding ments, farm elites detailed the rise of eastbound for rapid speculative purposes, and opposed land grants to rail the and credited "voracious" shipments during eighties sharply railway corporations. "The public lands are reduced fares to the business acumen of of freight intelligent property the people," they declared, "and should be rather than to As men held for actual growers governmental pressures. exclusively settlers."22 To Grangers, this of wealth and so concentration of in a few was not a property, agricultural gentry?more property hands only than the farmer?could railroad leaders bar to but an average accept settlement, evil in itself?a form of oppres on neutral terms and the difficulties in sion as as appreciate many villainous fraudulent business practices. volved in rail connections with distant As as establishing early the 1850's gentlemen farmers had also In contradistinction to the entrepots. Grangers, they per complained that California's landed estates were a hin ceived railroad directors as contributors to economic drance to the spread of agriculture and a deterrent to im and thus issues but to growth, they approached transportation migration, they remained less willing criticize land in a businesslike and non-combative manner. than the monopolists Grangers. Large property holders,

335 California Historical Quarterly

not accu all our A ... they asserted repeatedly, should be blamed for the cheapest of commodities. home is easily vast no man mulating holdings. "They buy because within the reach of every head of family who will, with a at one cents set to desiring home dollar and twenty-five per reasonable good fortune and health, himself acre one has preempted the desired land," proclaimed acquire it."24 in tax farm brahmin. "What is there wrong one's complying Society leaders also expressed little enthusiasm for an as a with such invitation, and paying the price?"23 reform method for subdividing lands, and they par some tax When antimonopolist forces, including agrari ticularly criticized the single plan of California in to ans, pushed land redistribution schemes the late journalist Henry George. "His work conveys my mind a seventies, the farming elite took hard line. Confiscation this idea," declared the keynote speaker before the State in man to and disposal of property without the owner's consent, Agricultural Society 1882, "a who, starting in a laid they warned, would be violation of the federal Consti build pyramid, well his foundation,,, and then in "25 tution. While gentlemen farmers acknowledged, and thereon erected 'The House that Jack Built.' In gen some a stance on instances deplored, the existence of land monopoly, eral, farm elites adopted moderate the land most correct content to time sector thought the problem would eventually question, let and the private solve one most itself. Property in California, they stated, would in time of the state's vexing problems. Government so owners estates some create more become valuable that of large would be interference, believed, might problems to In the meantime new than it persuaded sell. the problem for would solve. comers was one in far from hopeless. Proclaimed optimist: Another sensitive controversy post-Civil War Cali into over "Taking everything consideration, land has been fornia?the debate mining debris?revealed addi

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tional differences between and ranches. Without a continual Grangers gentlemen expansion of circulating in mid farmers. Hydraulic mining operations begun the medium, he implied, agriculture would flounder. fifties immense amounts of waste sand and After the courts had produced banned hydraulic mining practices much which found its downstream to in gravel, of way clog 1884 (although the illegal dumping of mining wastes rivers and cover tracts of and farm continued for navigable huge grass another decade), Society spokesmen lands with a debris called "slickens." As the to smooth over the acrimonious ing years sought feelings produced sand and sediment buried whole and eco the battle. Neither passed, farms, by side, declared politically prominent nomic losses to owners in of the Sacra Aaron A. mo property portions Sargent, had been moved by malicious mento the seventies. Valley mounted steeply during tives, but only by the desire to protect their interests. Farmers went to controls to court, sought legislative Damage caused by mining debris, he asserted, was "in future and looked for allies.26 Pre stricken prevent devastation, voluntary," although farmers had "respectable the issue as dictably, Grangers perceived another example premises for their complaints."29 On balance, members of and sided with the of farm more corporate mismanagement solidly the elite assigned importance to the per farmers the For over nicious effects of than to aggrieved against mining industry. hydraulicking miners' rights, a decade Patrons resolutions but passed lengthy detailing they meticulously presented the miners' side of the the disastrous of on natural issue and for the impact hydraulic mining expressed regret hardships caused by the resources and campaigned strenuously for its abolish 1884 decision. To farm brahmins, who were sensitive to ment. The of wastes, the between dumping mining they warned, interrelationships business, manufacturing, would "render our uninhabi and the movement eventually great valleys agriculture, antihydraulicking posed table." The in their was no less than a a difficult and contest, view, delicate dilemma. They vacillated on the for survival between the "two interests of wrote struggle great issue and later lamely off the entire matter as "a the Pacific and There could misfortune out of the nature of Coast"?agriculture mining. growing things." During be no middle nor ground compromise.27 the 1890's gentlemen farmers continued to support the California's farm elite contributed little to the debate in collaboration mining industry and, with mining until it had reached in the initiated an state tempest proportions early entrepreneurs, annual mining exhibit as lawsuits and bitterness eighties. Then, multiplied (including hydraulic mining equipment) at the 1892 to a soared, they belatedly tried play conciliatory role. state fair.30 Society leaders recognized the destructive aspects of to hydraulic mining but refused side publicly with irate Sacramento to a state Valley farmers. Speaking fair audience in Shafter main T JUie farm elite deviated from the 1881, Society president James standard Grange "I am here the advocate of neither nor on another issue tained, [farmers position yet of major importance to and as I all the friend of miners] am, hope you are, any Gilded Age Californians. During the mid-nineteenth honorable industry." The courts, he continued, would century, thousands of Chinese had entered the state to to adjust the rights of both parties without injury either, work in the mines and build the Central Pacific railroad. and "the law of absolute would In the Tolerated the white as as justice prevail."28 by majority long jobs and wages meantime, he said, farmers should remember the incal were the Chinese became abundant, targets for hostility culable contributions of the to the state's in the seventies when mining industry placer mining declined, railroads to the of farms and were and the economy and, ultimately, financing completed, economy slumped. Record

337 at Activities the State Agricultural Society pavilion in Sacramento were sponsored by leadingfarmers who promoted farming and upgrading the quality of frontier agriculture

the Chinese had little to do with the current economic " we not hold China difficulties. Numerous factors had caused the present Why may lay of most downturn, importantly the flooding of California and convert that vast . .. commercially empire eastern markets with cheaply produced products. The into a boundless and market never-failing unrealistically high wage demands of white workers in all our forced to seek a for surplusfour?" California, they agreed, employers cheaper labor source, but the impact of Orientals upon of labor was than the price less claimed. "The writers dip in their pens gall, and slash away diatribes against that levels the decade the immigration during aggravated bugbear John Chinaman, and would have us believe he distressed and is of a problem. Unemployed laborers, farmers, the plague the nation," grumbled Society officer in other malcontents vented their frustrations from one set increasingly 1877. "They simply argue of facts and ignore on . . the Orientals, urged their exclusion from the state, another. ,"33 and demanded a ban on new from China. went on to immigrants The farm elite shrewdly utilize the "Chinese the "Chinese tandem with rail . to By 1877 Question"?in Question" chide the much-despised supporters of the and tax issues?dominated California road, land, politics antimonopolist Workingmens' movement and to pro and became a central factor in the thrust for state consti mote their favored self-help beliefs. They praised the tutional reform.31 Chinese for their work steady habits, uncomplaining California the drive for and their numerous Grangers joined mounting manner, construction accomplish farmers to with Chinese exclusion, pressed dispense ments, including the massive flood-control dykes in the Chinese laborers whenever and the Sacramento were possible, catalogued Valley which crucial adjuncts to the many "evils" of Oriental immigration. Cheap coolie land reclamation process. was an to labor, they perceived, aid monopolists?par The agricultural gentry advanced additional argu ticularly large landholders and railroads, the arch enemies ments in support of the harassed Chinese. Americans, ?and an obstacle to work for farm had opportunities youth. they asserted, traditionally defended the right of indi In 1877 and again in 1878 the State Grange passed resolu viduals to select their own domicile; the exclusion of to tions urging Congress prevent further importation Orientals (though ineligible for citizenship) would to western "of this scourge humanity and civilization." negate this time-hallowed practice. Then, too, the con stant To Grange leaders the Chinese immigrants represented and irritating comparisons between whites and an curse are "overshadowing which sapping the founda Chinese, warned one orator, tended "to lower the self our to . . . tion of prosperity, the dignity of labor, and the respect and degrade the character. Our tendencies of our State."32 are to we glory strong enough already lapse and decay; need no While California's farm elite acknowledged the prob augmentation in that direction."34 In a more prag a influx of matic farm saw lems posed by heavy Chinese, they usually vein, brahmin John Bidwell friendship the of critics as a to defended coolie labor against onslaught with China concomitant the enlargement of Cali the of anti-Chinese sentiment. fornia's Pacific Ocean commerce in during peak years Cheap wheat. "Why may intensive and ex we not wages, they argued, stimulated both lay hold of China commercially and convert that aswell as the construc vast into a tensive agricultural development, empire... boundless and never-failing market our tion of needed railroads. Further, they stated repeatedly, for all surplus flour?" he wondered. But first, harass

338 11^.MI^^^^Kjgyggy -~^:Kii_flfe__i"lMnffWLfffiPn^fmrfh*""*! lili^B^B^______^______

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ment of the Chinese must and amicable relations For at cease, Age. example, Society spokesmen various times with China must be cultivated.35 the War during post-Civil decades described people of Two stance as as factors influenced the gentlemen farmers' Spanish descent "lazy," the Chinese "an alien, on as the "Chinese Question." First, they believed cheap heathen population," Italians and Egyptians "slow to as Chinese labor be essential for profitable, large-scale plodding people," and Mexicans "an authentic case of in and costs race farming California. High land transportation arrested development." Strikes and violent protests, necessitated low for farm lest California in the late were wages workers, commonplace seventies, perceived by be out of eastern and one orator as products priced European markets. "devilish foreign-born schemes of idle, Even a of the sources reveals the vicious scum." cursory reading solidly Conversely, Anglo-Saxons, proclaimed on economic orientation of the farm elite's thinking the Society president Frederick Cox in 1892, constituted a race. issue. Bidwell's candid admission that future market powerful Another farm brahmin boasted to a re in the Pacific were tied to relations in opportunities friendly ceptive Society gathering 1886, "Europe produces... with the to a the Chinese underscores point. Secondly, the nothing equal the American citizen. We indeed are linked towards the favored Members of farm agricultural gentry strong animosity people." the elite repeatedly ac to Chinese with the antimonopolist movement, and, referred the superiority of the New World over the as cordingly, they defended Oriental labor part of their Old and unabashedly promoted the tenets of American countermove to were thwart antimonopolistic demands. The ism and patriotism. Immigrants welcome, indeed in Chinese, in effect, became pawns this power struggle needed, in post-Civil War California, but itwas gen came between the "ins" and their challengers. Rarely did the erally assumed they "to find themselves freed from farm Chinese culture or Chinese to elite praise immigrants degrading competitions which they have been sub as elsewhere." in no persons. jected Egalitarianism, short, played To be sure, California's farm gentry (most of whom part in the farm elite's defense of the Chinese.36 were demonstrated the same nativist senti Another native-born) point of departure between gentlemen ments held millions of American citizens in the Gilded farmers and to by Grangers pertained their divergent atti

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nS "-f??l__B____| iiitttilMlr ...,m Farm equipment manufacturers advertised ê,r machinesat the state . I v^\*i:'IH _. J^h'pKP !!_-P' lijBPÎiB^B imProved 1903 ' ri"'"""iV^ThT"^"'iTSfi':______rBiîTpM *-r^^-^?^'*-',:^? ^Ssj>î5ftr.""7**?iS^^

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as a to tudes towards agriculture profession and husband noble ambition excel in his vocation."38 Mastery of men as asso more individuals. California Patrons, like their one's job and the quest for perfection counted with across to a ciates the nation, offered countless testimonials the farm elite than did man's occupation. innate of the farmer and to farm on the nobility yeoman farming Finally, elites and Grangers disagreed the as man. structure the primary vocation of When husbandry fails, proper for formal agricultural education in state and nation "but Patrons habitually avowed, the fails, California. Society leaders, key figures in the formation in its and elevation" the state and nation of in support prosper. the University of California the late sixties, urged the In to a Jeffersonian spirit, California agrarians eulogized university's infant College of Agriculture offer mix and them an of courses a "tillers of the soil" considered important theoretical and practical with solid emphasis American decadence.37 on was bulwark against the agricultural sciences. Farming, they asserted, the virtues and an art a Gentlemen farmers, too, extolled dig and science, and only by studying it "in all its and the that one to a nity of country life supported belief agri departments" could hope prosper, particularly in was a state resources as culture noble calling. They rejected the premise, with such varied California. (As self that on a farm en however, residence automatically proclaimed "scientific agriculturists" they could hardly a a Farm a dowed person with unique qualities and special role do otherwise.) gentry, moreover, foresaw major in On too society. the contrary, they claimed, many research role for the "Ag College." Much like agri to maintain a California husbandmen neglected properly cultural scientists of later era, they perceived the young were even state as a center their homes and farms, ignorant of the simplest university for the formulation and testing not true of husbandry techniques, and did understand the innovative farming techniques.39 As a on philosophy of farming. result, they lamented, many Grange leaders, the other hand, generally stressed were in a farms disrepair, California farmsteads ranked the importance of "practical" education and the training back and rural ele a turn a unfavorably with homesteads east, of students who could handle plow and straight was a in gance mostly myth. Members of the elite, short, furrow. When, in the mid-1870's, Grangers decided were to to was too quick criticize and slow praise the farming that the College of Agriculture's curriculum is a operations of their colleagues. Farming science, they academically oriented, they berated university officials, in monotoned, and only skilled craftsmen?as any pro charged the Board of Regents with "unfitness, incompe fession?deserved the applause and respect of society. tency, and bad management," and demanded greater true is not content to make a on in arts. "The farmer merely living, emphasis training the mechanic The resulting or to one has a to merely get rich," affirmed purist; "he furor led the firing of the university's first professor of

340 vs. Farm Gentry the Grangers

Ezra S. and to of agriculture, Carr, the departure the and enhance the quality of the agricultural program. Yet, to to university's second president, Daniel Coit Gilman, members of the farm elite separation did not mean in the East.40 withdrawal from greener pastures complete the university. They recog did criticize a The farm elite, like the Grangers, the Board nized the prestige and value of university education for of for the manner inwhich administered farm and to remove Regents they youth sought only the College of for to a the congressional grant agricultural education. The Agriculture's instructional program rural site away Act was to intent of theMorrill of 1862, they maintained, from the clutches of academic empire builders.42 The foster the of and to stimulate the on teaching agriculture State Grange, the other hand, urged that the agri of development agricultural knowledge. Yet, university cultural college be "completely divorced" from the uni officials the term to include a and that administrative on interpreted agriculture versity controls tax-supported host of classical studies. subjects including Thus, accord higher education be fundamentally reorganized.43 Farm to ing Society leaders, the Regents had improperly di elites, in short, would effect reforms within the univer a to non verted large portion of the land-grant funds sity framework; Grangers would start afresh. areas. no agricultural While elite farmers had quarrel The distinction proved crucial for the future of the the the use of Act with classics, they resented Morrill College of Agriculture and the university. Without the this funds for purpose.41 farm elite's support, Grangers failed to achieve wholesale One to farm structure. solution, acceptable elites and Grangers revision of the university Later, when the was to from was at alike, separate agricultural training the University Farm School opened Davisville in of the of California. Such a in to Berkeley campus University 1909?due large part the efforts of the Society's was move, it argued, would increase enrollments, reduce secretary, Peter J. Shields?its instructional program the for farm to other the temptation youth pursue profes combined principles with the practices of agriculture, sions, free the "Ag College" from outside influences, the essential blend favored by California's farm elite.

This forward-looking, if over-ambitious, farmer's experiment in 1902 with diverse a and intensivefarming resulted in dense carpet of strawberries, dewberries,

!SyiiK---_B-M-^-^-^-H---_-^^

1$mBP-p|H|B_^_M_B_k^ The curriculum of theproposed at a "Ag College" Davis became point of contention between the "scientific9 gentry and the "practical" Grangers {photo c.1925).

:; .>.-___ ^____^__^__^__^__fîîFa__^__H__K^rrrr______** * ** i*y---~..:j5#.?-jlj'-* ' *,*'T J- w.._** !"'. ' ______B - ^______P"I?S^_i_^_S-_l _?ia_H_____i_f::S______llf'*" m*T^ * I1M1 t _J>v ?. * I. IJJJlraB_M?_ can To what factors the divergence between gentleman J______L^l____&.?M_i Jfc Tp?B_^jglil^M on farmers and Grange leaders major issues in the seven ties and eighties be attributed? Certainly both groups desired agricultural growth, greater financial rewards for husbandmen, and farm improvements. Both the farming elite and the Grangers, moreover, perceived the emerging its immence economic agricultural industry with po to to tential be crucial the state's future development. Gentlemen farmers, however, defined improvements in terms and growth of quality crops and cattle, prudent to adjustments soils and climate, experimentation with new to plants and livestock, widespread adherence ethics of self-help and work, and the adoption of "scientific on farming" techniques. They fixed their attention the success farm (and ranch) and sought through the develop ment of agricultural skills, versatility, and knowledge. on Granger agrarians, the other hand, focused their on attention outsiders, "monopolists" who deliberately or inadvertently made decisions that demolished oppor tunities for "average" farmers. Railroad barons and to other large-scale capitalists had be harnessed, they affirmed, before husbandmen could thrive and prosper. to an This perspective led militant rhetoric and aggressive stance on issues. to as major political Thus, while farm elites those of State Grange officers follows: amedian on 1220 acres a and Grangers could agree broad, fundamental objec acreage of compared to 319 acres; median and them in a to a tives, they defined pursued significantly production value of $5,625 compared $3,200; and fashion. different median value of $38,875 compared to $9,333. Clear distinctions two between the groups appeared in other socio-economic as In a indices well. 1870 typical California Grange leader, for example, reported less than one-sixth the a assessed valuation (mean values) of typical data furnish additional clues to the of farm \_^ôcio-economic member the elite's personal property in 1870 in split the California countryside. Gentlemen farmers, and about 40 percent of their real property.44 Gentlemen for a of financial were as to in town example, enjoyed greater degree security farmers, moreover, apt live (usually than The of State Sacramento or as on a Grangers. holdings Agricultural Society San Francisco) farm. A command or cent officers who farmed raised cattle ranked far above ing 42 per in the period between 1865 and 1890 or those of Grange leaders in farm size, production value, resided in near Sacramento, the home of the state fair and farm value. Federal census data for and the cent manuscript 1870 Agricultural Society. Conversely, 93 per 1880 that on and indicate Society officers' farms compared of the Grange officers lived farms.

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were in California's farm elite far from "average" the views held by capitalists and the well-to-do and who as Data news more not other respects well. from voting registers, often than supported the political, social, and blue and economic status contacts papers, legislative books, county histories, quo. These certainly sensitized archival materials reveal that over half of the the farm to Society's gentry the complex interrelationships be in to had or tween officers the period from 1865 1890 attended agriculture, business, and mining and cooled their One of four served in the state enthusiasm completed college. legis for the Grangers' simplistic antimonopolist in War and one of two a lature the post-Civil era, held programs. office. Most also claimed Status local government membership considerations, too, reinforced the gulf between in prominent social organizations and commanded Grangers and farm gentry. Each considered their or as leaders. to be the of com recognition community Unquestionably, ganization proper leader the farming of the farm elite were better than was true members equipped munity, and each convinced that they had the to handle the financial chaos and eco for was a Grangers abrupt remedy farm ills. The result friendly but spirited nomic characterized that a shifts that Gilded Age California. rivalry reached peak during the tumult of the late Urban-based farmers also to a For gentlemen intermingled seventies. example, Grangers declared that only much extent than with were in greater Grangers political, pro "honest agriculturists" wanted their organiza men fessional, and business leaders, i.e., who articulated tion, and they chided wealthy farmers who benefited

343 California Historical Quarterly

. . . stand 2. the State 1873 Fran from the Grangers' labors but who "selfishly Official Report of California Grange, (San cisco, 5-6; ibid., 1878, 27-30; ibid., 1879, 5, on the outside of the Farm elites, 1873), pp. pp. pp. gates."45 conversely, hereafter cited as Farm Grange Proceedings; Chambers, California criticized the Patrons' business schemes and stead openly Organizations, 9-12; Rodman Paul, "The Great California Grain from 342-345. fastly disassociated themselves their antimonopolist War," For an incisive discussion of farmers in American in California. For most farm brahmins, to be 3. large-scale uproar see Morton "The Farm: Abundance was an agriculture, Rothstein, Big linked with the bellicose and in American XLIX Grange unpleasant Scale Agriculture," Agricultural History, or in prospect. Few joined the organization participated (October, 1975): pp. 583-597 the Patrons' multifarious activities.46 4. The Statutes of California 1854 (San Francisco, 1854), chapter 100, 163-165. 1859 numbered 1,100. To declare that California's farm leaders on pp. By Society membership disagreed In were to a 1863 the affairs of the Society entrusted Board of issues in the War is a revela of a nine Trans key post-Civil period hardly Agriculture consisting president and directors. or actions the State tion. Yet most historical studies, by inference by of California Agricultural Society 1879 (Sacramento, as For as one 1879), pp. 185, 194, hereafter cited CSAS Transactions. continue to portray the Grange the voice design, material on the first state fair, see "Warren's Two Private Fairs of rural America in the 1870's. Unquestionably, Grangers Started It," typescript in the Hal Higgins Collection, Hal Hig millions of rural but the of of California expressed the beliefs of people, gins Library Agricultural Technology, University at was not a Davis; Lyman M. King, "Fairs of Yesterday," Gilded Age farm community homogeneous California XX 22, 37; and Charles In leaders of the State Journal of Development, (August, 1930): California, of California State The entity. Agricultural W. Paine, "Early Days Fairs," Grizzly differed with the on the XXXIX 1. Society significantly Grangers Bear, (August, 1926): 6, supplement of land 5. Rodman Paul, "The Wheat Trade between California and the railroad question, existing patterns ownership, United Kingdom," Mississippi Valley Historical Review, XLV mining practices, labor and immigration issues, hydraulic (December, 1958: 391-392, 396-398; Morton Rothstein, "A as a and the and content farming profession, techniques British Firm on the American West Coast, 1869-1914," Business The maze of advanced Review, XXXVII of agricultural education. opinions History (Winter, 1963): 395-396. Farmers' Union farm in the twentieth under 6. Proceedings of the California (San Francisco, 1873), by spokesmen century only on pp. 2, 5, 13-15; Ezra Carr, The Patrons the West scores the of the ofHusbandry continuing complexity identifying Coast (San Francisco, 1875), pp. 81, 103, 131; Chambers, Cali "collective voice" of the farm community. fornia Farm Organizations, 9-10. et Solano and Counties 7. Thomas Gregory, al, History of Napa are While a few All the photographs from the CHS Library. California (Los Angeles, 1912), p. 345. Grange at leaders owned considerable property the time of their involve ment with the Grange (see for example, Rodman Paul, "The Great California Grain more War," 344), Fisher closely approxi mates the norm. Colusa Its Resources 8. Justus H. Rogers, County: History and Notes (Orland, California, 1891), pp. 371-376. i. Solon The Movement 9. Federal census data indicate that nine of See for example, J. Buck, Granger (Cam forty-five Society and the more recent work S. Sven Rich officers between 1865 and 1890 raised substantial amounts of bridge, 1913), by Nordin, wheat the Harvest: A History of the Grange, 1867-1900 (Jackson, 1974). during i87o's. no recent has about California 10. for CSAS Transactions, 5-7; 1870, While book-length study appeared See, example, 1872, pp. ibid., in Rodman Paul and Clarke A. Chambers 79. Bidwell was an active in the Farmers' Union Grangers this era, p. participant the See Rodman and the See Bidwell California State have treated selected aspects of subject. Paul, Grange. Diaries, Library, October "The Great California Grain War: The Grangers Challenge the Sacramento, VII, September 25,1872; ibid., VIII, 25, Wheat King," PacificHistorical Review, XXVII (November, 1873; Grange Proceedings, 1882, p. 44. and Clarke A. Farm 11. CSAS Transactions, 1875, 10; ibid., 1881, 32-33, 286, 393. 1958), Chambers, California Organizations: p. pp. the the Farm and the Associated 12. 1881, 253; 102. A Historical Study of Grange, Bureau, Ibid., p. ibid., 1877, p. 13. Declared one member in the mid-seventies, "We are Farmers 1929-1941 (Berkeley, 1952), pp. 9-13. Society

344 Farm vs. Gentry the Grangers

unable to the of We are blinded with CSAS forget days forty-nine. the 34. Transactions, 1878, p. 124. of the of our Bonanza CSAS glitter costly trappings Kings." 35. Ibid., 1881, pp. 34-35 Transactions, 1876, 80. p. 36. Ibid., 1870, pp. 83, 87; ibid., 1874, p. 202; ibid., 1881, pp. 305, 14. Ibid., 1878, 101. p. 394; ibid., 1886, pp. 183, 185, 695; ibid., 1887, p. 232; ibid., 1892, 15. Ibid., 1874, p. 624. 90. of the officers in this were p. Forty forty-five Society study 16. Grange Proceedings, 1874, pp. 10-11; ibid., 1881, pp. 17-18; ibid., native-born. 1882, 20. of the Interstate Commerce Act did not p. Passage 37. Grange Proceedings, 1876, p. 34; ibid., 1881, p. 5. terminate the concern with railroads. Warned CSAS Grangers' past 38. Transactions, 1881, p. 311; ibid., 1877, pp. 103, 106-107. Grange Master V. Webster in 1892, "Like a in silent wait 39. Verne A. The Centennial J. tiger Stadtman, ed., Record of the it is the of the Southern Pacific railroad to stir University ing, policy people ofCalifornia (Berkeley, 1967), pp. 21-22; CSAS Transactions, when there is in CSAS only big game sight." Transactions, 1866, p. 75; ibid., 1871, pp. 421-422; ibid., 1877, P- *o6; ibid., 1892, 441. p. 1881, p. 14; ibid., 1884, pp. 165-166. 17. CSAS Transactions, 1878, 113. p. 40. Grange Proceedings, 1874, pp. 49, 53; Verne A. Stadtman, The 18. 120. Ibid., p. University of California, 1868-1968 (Berkeley, 1970), p. 69; 19. Ibid., 1886, p. 203. See also ibid., 1885, 178-179. The Centennial Record pp. Stadtman, ed., of theUniversity ofCalifornia, 20. Of small farmers in California the and 12. course, during 1870's p. 1880's owned farms 482 41. CSAS 16. For details on commonly larger (statewide average: Transactions, 1881, p. the management acres in 1870, 462 acres in than small farmers elsewhere in of the state's see 1880) agricultural college lands, Paul W. Gates, "Cali the United States. See Abstract the Eleventh Census: fornia's of 1890 (Wash Agricultural College Lands," Pacific Historical Review, XXX ington, 1896), pp. 95-96. (May, 1961): 103-122. 21. Gilbert C. Fite, The Farmers' Frontier 42. CSAS 1865-1900 (New York, Transactions, 1881, pp. 89-91; ibid., 1883, p- !43 1966), pp. 162-163; Chambers, Farm 9. 43. The California Organizations, Grange Proceedings, 1877, p. 47; Stadtman, University of The number of farms in California from in i860 grew 18,716 California, 71-72. to 52,894 in 1890; Kansas farms in the same 44. The mean value of farm elites' conversely, period personal property in 1870 was increased from 10,400 to Abstract the Eleventh Census: and State 166,617. of $31,777 Grange officers', $4,981; farm elites' real 1890 pp. 95-96. was assessed at and State (Washington, 1896), property $35,965 Grange officers', 22. Grange 1881, p. 17. See also ibid., 1875, 21. $15,305. Federal census data were located for Proceedings, p. thirty-nine of the 23. CSAS Transactions, 1878, 112; ibid., 1859, who served as p. pp. 361-363. forty-five persons Society officers between 1865 24. Ibid., 1876, 78, 126-127. and and for of the pp. 1890 forty-one forty-nine persons who held 25. Ibid., 1882, 29. office in the State p. Grange between 1873 and 1890. 26. Hubert Howe Bancroft, Francisco, While it is as Rodman Paul History of California (San true, has pointed out, that some VII: Robert L. Gold vs. Grain: The of California's were 1890), 645-648; Kelley, early Grange leaders men of economic sub HydraulicMining Controversy in Central stance, the officer taken as a whole ranks California's Valley (Glen group considerably dale, 14-15. below leaders of the State 1959), pp. Agricultural Society. See Rodman 27. Grange Proceedings, 1881, pp. 20-21; ibid., 1882, p. 83; ibid., Paul, "The Great California Grain War," 344. 1879, 45. p.13. Grange Proceedings, 1876, p. 14; ibid., 1882, pp. 35-36, 39; 28. CSAS Transactions, 1881, pp. 12-13; ibid., 1883, p. 141. Pacific Rural Press, October 1, 1881. 29. Ibid., 1885, 574-575. 46. For four of pp. example, only forty-five Society leaders were mem 30. Ibid., 1892, 105-106. bers of the State the pp. Grange during 1870's and 1880's. 31. Elmer C. The Anti-Chinese Movement in Sandmeyer, California (Urbana, 1939), pp. 10-11, 16;Warren A. Beck and David A. A Williams, California: History of theGolden State (GardenCity, 1972), p. 251. 32. Grange Proceedings, 1877, pp. 48, 55; ibid., 1878, p. 28; Sand meyer, The Anti-Chinese Movement, 32-33. 33. CSAS Transactions, 1877, pp. 100-101; ibid., 1878, pp. 122-124. For evidence that Society leaders continued to hire Chinese laborers well into the 1880's, see "Anti-Chinese Club of Chico to March John Bidwell," 1,1886, Bidwell Papers, Box 64, California State Library, Sacramento.

345 EXHIBIT E

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Registrant Contact .top $ $ Name: Contact Privacy Inc. Customer 79 9.88 1.88

Organizaon: Contact Privacy Inc. Customer 79 BUY NOW

Street: 96 Mowat Ave *Oﬀer ends st August 9 City: Toronto On Sale! State: ON

Postal Code: MK K

Country: CA

Phone: +.6887

Email: @contactprivacy.email .ICU @ $1.98 $8.88

Administrave Contact

Name: Contact Privacy Inc. Customer 79

Organizaon: Contact Privacy Inc. Customer 79

Street: 96 Mowat Ave

City: Toronto

State: ON

Postal Code: MK K

Country: CA

STATUS: GENERAL DISCLOSURE STATUS: GENERAL DISCLOSURE 000017

Phone: +.6887

Email: @contactprivacy.email

Technical Contact

Name: Contact Privacy Inc. Customer 79

Organizaon: Contact Privacy Inc. Customer 79

Street: 96 Mowat Ave

City: Toronto

State: ON

Postal Code: MK K

Country: CA

Phone: +.6887

Email: @contactprivacy.email

Raw Whois Data

Domain Name: tetracap.com Registry Domain ID: 2052178512_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.google.com Registrar URL: https://domains.google.com Updated Date: 2019-08-14T20:35:49Z Creation Date: 2016-08-14T14:53:57Z Registrar Registration Expiration Date: 2020-08-14T14:53:57Z Registrar: Google LLC Registrar IANA ID: 895 Registrar Abuse Contact Email: @google.com Registrar Abuse Contact Phone: +1.8772376466 Domain Status: ok https://www.icann.org/epp#ok Registry Registrant ID: Registrant Name: Contact Privacy Inc. Customer 124749515 Registrant Organization: Contact Privacy Inc. Customer 124749515 Registrant Street: 96 Mowat Ave Registrant City: Toronto Registrant State/Province: ON Registrant Postal Code: M4K 3K1 Registrant Country: CA Registrant Phone: +1.4165385487 Registrant Phone Ext: Registrant Fax: Registrant Fax Ext: Registrant Email: @contactprivacy.email Registry Admin ID: Admin Name: Contact Privacy Inc. Customer 124749515 Admin Organization: Contact Privacy Inc. Customer 124749515 Admin Street: 96 Mowat Ave Admin City: Toronto Admin State/Province: ON Admin Postal Code: M4K 3K1 Admin Country: CA Admin Phone: +1.4165385487 Admin Phone Ext: Admin Fax: Admin Fax Ext: Admin Email: @contactprivacy.email Registry Tech ID: Tech Name: Contact Privacy Inc. Customer 124749515 Tech Organization: Contact Privacy Inc. Customer 124749515 Tech Street: 96 Mowat Ave Tech City: Toronto Tech State/Province: ON Tech Postal Code: M4K 3K1 Tech Country: CA Tech Phone: +1.4165385487 Tech Phone Ext: Tech Fax: STATUS: GENERAL DISCLOSURE STATUS: GENERAL DISCLOSURE 000018

Tech Fax Ext: Tech Email: @contactprivacy.email Name Server: NS-CLOUD-C1.GOOGLEDOMAINS.COM Name Server: NS-CLOUD-C2.GOOGLEDOMAINS.COM Name Server: NS-CLOUD-C3.GOOGLEDOMAINS.COM Name Server: NS-CLOUD-C4.GOOGLEDOMAINS.COM DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic. >>> Last update of WHOIS database: 2019-08-30T07:02:59Z <<<

For more information on Whois status codes, please visit https://www.icann.org/resources/pages/epp-status-codes-2014-06-16-en

Please register your domains at: https://domains.google.com/ This data is provided by Google for information purposes, and to assist persons obtaining information about or related to domain name registration records. Google does not guarantee its accuracy. By submitting a WHOIS query, you agree that you will use this data only for lawful purposes and that, under no circumstances, will you use this data to: 1) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via E-mail (spam); o 2) enable high volume, automated, electronic processes that apply to this WHOIS server. These terms may be changed without prior notice. By submitting this query, you agree to abide by this policy.

related domain names

google.com domains.google icann.org googledomains.com contactprivacy.email internic.net

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STATUS: GENERAL DISCLOSURE STATUS: GENERAL DISCLOSURE 000019

T h i s s i te c a nʼ t b e re a c h e d

www.tetracap.comʼs server IP address could not be found.

Did you mean http://www.tetracam.com/?

Search Google for terracap

ERR_NAME_NOT_RESOLVED

STATUS: GENERAL DISCLOSURE STATUS: GENERAL DISCLOSURE 000020 8/28/2019 Google Domains - Billing

January 28, 2016

TRANSACTION ID 1453967175141000 Purchased from: Google Inc. 1600 Amphitheatre Parkway Mountain View CA 94043 United States

Customer name: Winson Ho 1910 Talcott Lane Sugar Land TX 77479 United States

Transaction date: January 28, 2016 Invoice date: January 28, 2016

Description Total

headleygrangecapital.com $12.00 1 year registration

Taxes $0.00

Amount charged $12.00

https://domains.google.com/m/registrar/billing?_ga=2.96775711.1846204151.1567021082-1071273437.15670STATUS: GENERAL DISCLOSURE 21082 1/1 STATUS: GENERAL DISCLOSURE 000021 8/28/2019 Google Domains - Billing

September 24, 2018

TRANSACTION ID 1537824612293000 Purchased from: Google LLC 1600 Amphitheatre Pkwy Mountain View, CA 94043 United States

Customer name: Winson Ho 5122 Morningside Dr #701 Houston, TX 77005 United States

Transaction date: September 24, 2018 Invoice date: September 24, 2018

Description Total

headleygrangecap.com $12.00 1 year registration

headleygrangecapital.com $12.00 1 year registration

headleygrangecm.com $12.00 1 year registration

Taxes $0.00

Amount charged $36.00

https://domains.google.com/m/registrar/billing?_ga=2.96775711.1846204151.1567021082-1071273437.15670STATUS: GENERAL DISCLOSURE 21082 1/1 EXHIBIT F